Research On The Chinese Diversified Dispute Resolution Mechanism

With the accelerated development of Chinese modernization, a sharp increase in conflict has become an important obstacle to the development of the society.Resolving disputes as fast as possible is the most urgent thing in current social governance and alternative dispute resolution has become a new emerging forces, diversification is the inevitable trend of Chinese dispute resolution.Diversification is the inevitable trend of dispute resolution in China,so the research on diversity dispute resolution mechanism is an important subject of modern social governance.Although China has basically established the alternative dispute resolution, it still in the initial stage.In addition,mechanism construction is a complex project, so the study of diversity dispute resolution mechanism needs the long-term adherence.From the current research situation, scholars inclined to study how the social organizations play a part in diversity dispute resolution mechanism but neglect the country’s function.Therefore,this article choose the perspective of state-dominated as the research angle.Besides,the national court of diversity dispute resolution mechanism working conference has been held at Sichuan Meishan in 2015 and proposed the dispute resolution concept of ‘the state-dominated,the judicial promote,social participation,multiple simultaneously and guarantees of the rule of law’,thus this research has great significance and practical value.This article is divided into four parts.In the first part, the article has described the purpose of dispute resolution,then arranged the concept of modern dispute resolution and clarified the meaning and function of the diversity dispute resolution mechanism.In the second part,by discussing different aspects of the state-dominated diversity dispute resolution mechanism,such as the state-dominated diversity dispute resolution mechanism is the national nature,the national responsibility,the national function play,the demand of civil society,the necessity of modern national governance and so on,the article has demonstrated the inevitability of the state’s involvement of dispute. In the third part,from the China current research situation of diversity dispute resolution mechanism,we found that the dispute resolution mechanism has many problems,such as lack of legislative protection,unreasonable allocation of resources,incompetence of system construction,lack of policy guidance and insufficient of the state’s supervision.And the root cause of the existence of these phenomena is the leading role of the country has not play.In the fourth part,the article proposed that only the country play an active leading role can improve the situation of Chinese diversity dispute resolution mechanism, and the state-dominated has more urgency and necessity.Hence,this article raised some specific countermeasures of state-dominated diversity dispute resolution mechanism:strengthen the dominant consciousness to change the self cognition and the role orientation from the ideology,strengthen the top-level design,improve the system construction and provide the sufficient protection,create a responsible government, change the government’s functions and the party should play an effective role.