The Legal Basis And System Construction Of Secondary Docking Argument

This paper starts from the development state of contemporary socialdiversification, the diversification of social development adapt to the need ofresolving disputes, the dispute solution mechanism litigation may not be theonly approach, various non-litigation dispute resolution methods, such asarbitration, mediation and other dispute resolution mechanism will form as anindispensable part of. Mediation and arbitration in resolving disputes whetherthe applicable law and dispute resolution method, have the other approachirreplaceable advantages, however, there are also the disfigurement of thetwo kinds of dispute resolution. Because it is too flexible mediation, themediation agreement does not have the effect of enforcement was abandoneddue to credit problems lead to agreement parties, play eventually seriously affect or even hinder the mediation of the dispute solution mechanism.Arbitration as an old and modern ways of solving disputes, although there arelegal and judicial power to support and guarantee, but, due to lack of judicialarbitration inclusive, leading to arbitration in order to avoid being set asideand refuse to enforce the risk is more and more litigation. In order to give fullplay to the role of mediation and arbitration of two kinds of system function,construction of adjustable secondary docking system become inevitable.This paper mainly uses the comparison research method, through theadjustable v. docking and secondary docking system, the comparison ofdomestic and foreign and international organizations on the secondarydocking system using angle comparison, analysis of the various secondarydocking system advantages and current adjustable secondary docking systemconstruction can not meet the diversified needs of social dispute resolution.These two kinds of system of conciliation and arbitration of the commonsystem with docking based and complementary features, adjustablesecondary docking system model should be more flexible, adjustablesecondary docking system which has no application to the rigid rules,depends on the autonomy of the parties, not only improve the disputeresolution of the acceptability of the outcome, the more enhance the thoroughsettlement of dispute At present on secondary docking system not perfect, legal provisions,but in practice, adjusting secondary docking system not only diverse patternsand in the settlement of disputes between the parties play an important role.In order to guarantee the adjustable secondary docking system resolves adispute the advantage, the legislative, judicial and social all aspects ofsecurity and improve the design and promotion be imperative tone secondarydocking models.