Diversified The Jurisprudence Of The Dispute Settlement Mechanism

With the development of human society,disputes and dispute resolution, as thebasic activities of human society, so far, has formed the theoretical system andbehavior patterns both in theory and practice. However, since the1960s, thedevelopment of society has constantly impacted on the existing social relationshipsand social structures, the disputes have been diversified and complicated, or evencomprehensive. Therefore, the resolution mode of the litigation dispute has beenunable to meet the need of diversified disputes, or even the needs of the basic rightrelief of the general public,which leads to facing a new crisis and challenge for thedispute resolution. Therefore, it’s necessary to explore the diversified and efficientresolution mechanism which combines the litigation disputes with the non-litigationones.The establishment and the presence of a system has its value. The traditionallegal research is mainly about the two aspects of litigation and non-litigationmechanism. In order to further improve China’s diversified dispute resolutionmechanism, this thesis, based on the jurisprudence, the sociology and anthropology ofthe law, and the basic concepts of disputes and dispute resolution, explores theconcepts and basic principles of the diversified dispute resolution mechanism,clarifies the concepts and types of contemporary non-litigation dispute resolutionmechanism, explains the theories of right relief and social control, legal limitations,justice, efficiency and freedom theory etc, verifies its rationality and legitimacy fromthe three aspects of the law, the value and the reality, trying to provide a social theoryfor the diversified dispute settlement mechanism in line with China’s reality and a newperspective to build a harmonious society under the diversified dispute resolution mechanism. By the combination of theory and practice, the multi-dimensional andmulti-angle analysis, and the present situation of our diversified dispute resolutionmechanism, the paper suggests the legislation to improve our diversified disputeresolution mechanism and a new mode to make the non-litigation dispute resolutionmechanism(such as the mediation, arbitration and the administrative rulings) play itsdue role in dispute resolution, thus to achieve the development and improvement ofthe mechanism.