Font Size: a A A

The Improvement And Development Of The Diversified Dispute Settlement Mechanism

Posted on:2018-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhouFull Text:PDF
GTID:2336330515976520Subject:Law
Abstract/Summary:PDF Full Text Request
Dispute resolution is an important part in the social governance.In the process of social transformation and modernization,the country relies more heavily on the judicial settlement,and the judicial authority is establishing,the effect manifesting gradually.Nevertheless,the dilemma and drawback of the judicial settlement is becoming visible.When a lawsuit is regarded as the first or the sole solution,the efficiency and the effectiveness cannot be achieved simultaneously.Influenced by the limited judicial resource investment and a lawsuit's limitation of its own,there exists inequality in the judicial resources utilization.The problems,such as justice delay,pro forma justice and so on dispel the public's identification of the judicial justice.Diversified dispute settlement mechanism is precisely an effective measure to solve the problem.It can remedy the defect of the judicial settlement,giving full play to the efficiency of the limited judicial resources.Meanwhile,this mechanism can satisfy the diversified judicial requirements of the people,motivating the vigor of the social force in the dispute settlement,enhancing the social governance capacity.In the current period of social transition,establishing and perfecting the diversified dispute settlement mechanism has the very great realistic meaning and practical value.Since 2004,with the Supreme People's Court's taking the lead to promote the construction of diversified dispute settlement mechanism,the local people's courts at various levels combine with the local situations closely and explore the diversified dispute settlement means with local features.These offer useful experiences in mechanism construction for the country.The explorations acquire a lot of significant practical results,and the idea of diversified settlement is gradually accepted by the society and the public.With administration of justice as the core,the diversified dispute settlement mechanism is forming steadily,but it is not completed and needs to be improved.On the basis of summary on the practice in the early stage,the basic-level people's courts should delve into the opportunities and challenges facing in the new situation,investigating the value basis and practical demand of the improvement of the mechanism,fully absorbing the experience of ADR in other countries.On the basis of local features,the local courts should continue to innovate in the ideas and patterns,infrastructure construction and legislative guarantee,providing the material for the top level.They should go into the constructional path of diversified dispute settlement mechanism in accordance with the situation of China,fusing the tradition and the reality,the abroad and the internal,the theory and the practice,propelling the mechanism to be an important means of social governance,development and stability,improving the dispute settlement measures,realizing the disputes settled in diversified ways,promoting harmonious society construction and the modernization of national governance system.
Keywords/Search Tags:Dispute Settlement Mechanism, Diversified Dispute Settlement Mechanism, Social Governance
PDF Full Text Request
Related items