Perfection Of The ADR Settlement Mechanism Of Financial Dispute In China

In the background of increased financial innovation and financial crisis, financialdisputes have grown with each passing day.Our current financial dispute resolutionmechanism that lawsuit plays a leading role has various drawbacks, so the mechanismis unable to meet the needs of financial dispute resolution. Based on this train ofthought, the idea of writing this paper came into being. Through analyzing theparticularity of financial disputes and the unique advantages of financial ADR,thewriter tried to explain the value of financial ADR,which can meet the needs offinancial dispute resolution. At the same time, in order to provide reference forimproving the financial ADR system in China, the writer also analyzed thecharacteristics of Japan’s financial ADR.Besides the introduction, the paper is divided into four main parts.Introduction:This part mainly deals with the reasons of increased financialdisputes,foreign countries’ efforts in the construction of financial ADR,theconstruction of China’s financial ADR being still in an embryonic stage and the mainquestions the paper wants to describe.Part One:The paper describes the present situation of our current financialdispute settlement mechanism.This part mainly consists of two aspects,respectivelyare the present situation and the drawbacks of our current financial dispute settlement mechanism.The main viewpoints about the drawbacks are as follows:the trial takeslong,the uncertainty is high,the trial costs much,the trial lacks flexibility and culturalfoundation.Part Two: The paper describes the necessity of improving the financial ADRsystem.This part mainly consists of two aspects,respectively are the particularity offinancial dispute and the value of financial ADR.The main viewpoints about theparticularity of financial dispute are as follows:the settlement of financial disputepursues fast and efficient dispute resolution,new disputes emerge in an endlessstream,the number of cases remains high,the case is complicated andprofessional,financial consumers are in a vulnerable position significantly.The mainviewpoints about the value of financial ADR are as follows:fast and efficient,thedeterminacy is high,costs little,alleviates the pressure of litigation,the staff areprofessional,adapts to cultural tradition.Part Three: The paper describes the characteristics of Japan’s financial ADR.Thispart also mainly consists of two aspects,respectively are the formation and theadvantages of Japan’s financial ADR.The main viewpoints about the advantages ofJapan’s financial ADR are as follows:the rules of law are unified,financial departmentimplements macro supervision,the program design is careful,pays attention to theprotection of the weak,lays stress on internal and external communication.Part Four: The paper describes the reference we can learn from thecharacteristics of Japan’s financial ADR.The main viewpoints about this part are asfollows:to perfect the legal,to improve the system,to build up the consciousness,toimplement the action,to strengthen communication.