| Since the20thcentury, with the rapid development of international trade andeconomy, the maritime ADR mechanism has made much progress in many a country.China has done much work in the establishment of the maritime ADR system, but stillhas not completed the construction of the maritime ADR mechanism. It will be ofgreat necessity for China to form and fulfill the mechanism and other relevant legalsystems so as guarantee the sustainable and healthy development of China’s shippingindustry.On the basis of the related theories and with the methods of comparison study andpractical analysis, the author has taken advanced elements from the ADR mechanismof foreign countries. The author, from what has been studied, has made the furtherdeep research on the maritime ADR mechanism in China, whose content coverstheory, practice, legislation and good examples of the ADR mechanism of foreigncountries. In the meantime the author has put forward some basic concepts and legalsuggestions to complete the mechanism in China. The thesis contains six parts ofIntroduction, four chapters and Conclusion, which counts26.000words or so.Introduction, the first part of the thesis, interprets the purpose of the writing.Chapter I: The outline of the maritime ADR mechanism in China. The author hasdefined the connotation of ADR mechanism and touched the general features of it.And then the author has given a brief introduction to the current maritime ADR mechanism in China, and has pointed out the existing issue that China still has notcompleted its own long-term maritime mechanism.Chapter Ⅱ: The present maritime ADR mechanism in foreign countries andexperiences to be learned. The author, in this chapter, has presented the currentdevelopments of the mechanism in foreign countries, among which the sophisticatedpractices of England and America have been mainly discussed. The author, therefore,has summarized the valuable experiences that China is supposed to learn from.Chapter Ⅲ: The analysis on the necessity to build maritime ADR mechanism inChina. The author, from the angle that ADR mechanism can meet the parties’ demandto solve the maritime disputes, has expounded ADR’s advantages in settling down themaritime disputes, and then analyzed a large variety of values the ADR can resultfrom, including the values in benefits, multi-cultures, justice and harmony. The authorhas studied the current legislations and practices of maritime ADR systems in Chinaand indicated its existing defects.Chapter Ⅳ: The possible approaches to construct the maritime ADR mechanismin China. The author initially presents the basic thoughts to set up maritime ADRmechanism, and discusses the legal assumption of the mechanism, which covers thefollowing three completions which of the maritime court annexed ADR system, themaritime administration ADR system, and the civil maritime ADR system. Finally theauthor fully has demonstrated the practical importance of the construction of themaritime ADR mechanism to further build up Shanghai international shipping center.The author has accented, in the ending part, the considerable difficulties toconstruct the maritime ADR mechanism in China, and in the meantime has appealedto all walks of life concerned to work hard together for the development of themaritime ADR mechanism in China. |
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