ADR As A Breakthrough Point To Discuss The Conflict And Balance Of Public Power And Private Rights

Because of the special social and economic structure, public power has always been the"monster can not be shaken” in China when the private rights has been the weaker party. So,although the binary division of public power and private rights has been met with denial andcriticism of many scholars, the active role for our country is still irreplaceable. With thetremendous progress of China’s democracy and social development, China’s huge publicauthority with the demands of the interests of the citizens’ private rights conflict graduallyexpanded, and has become a major political issue in China. In this background, how tobalance the public power and private rights is particularly necessary and urgent. To solvethis problem, I use historical and comparative analysis methods, the United States’alternative dispute resolution mechanisms as a starting point, through the five sectionselaborate the performance of the conflict between public power and private rights, causesand seek to achieve both relatively balanced path to explore.and make the necessity andfeasibility analysis about our country to introduce and build their own alternative disputeresolution mechanism.Part I: The theory development of public power and private right. I mainly use themethod of historical analysis, from ancient Rome, nearly modern, modern andcontemporary four historical periods of the theory of evolution in public power and privateright relationship analysis and presentation.Part II: Performance and causes of contemporary public power and private rightsconflict. This section, the author of the contemporary world within the public authority andprivate rights and conflict manifestations and genetic analysis of in-depth analysis anddiscussion.Part III: To seek to achieve a relative balance of public power and private right path toexplore. I combine a variety of the existing system with the doctrine summed up the presentfour equilibrium of public power and private right path of conflict.Part IV:The formation and development of alternative dispute resolution mechanismsand value orientation. This section, the author details the formation and development of thecourse of the ADR mechanism and two value orientation, shows the advantage of thesystem of the ADR mechanism.Part V: comparative analysis of the four paths and our ADR mechanism to build thefuture. I mainly use comparative analysis of the method of analysis and empirical analysisexplore the advantages and disadvantages of four kinds of balance between public powerand private right.And then I make a conclution: alternative dispute resolution mechanism iscurrently most suitable path for China.On the basis of existing mediation system, I seek tobuild our own ADR mechanism the future.