A Study On The Mechanism Of Pluralistic Dispute Resolution In China

Since the reform and opening up,China' s economy and society have undergone tremendous changes.The contradictions between people have become more frequent,and the interests have begun to re-differentiate.The gap between the rich and the poor has become larger and larger,and the judiciary has taken on a huge The pressure of work,in the process of the rule of law,the role of the judiciary should indeed be constantly demonstrated,but the judicial practice in the dispute resolution practice does not have a long way to go,not all disputes can be well resolved through judicial means.Under such circumstances,how to resolve social contradictions and disputes and construct a complete set of diversified dispute resolution mechanisms is an important task of current social governance.The diversified dispute resolution mechanism can not only improve the efficiency of dispute resolution,but also reduce the litigation costs of the parties.Moreover,it can save the country' s judicial resources and help build a harmonious society.This paper examines the diversified dispute resolution mechanism as a whole,and explores the development and improvement of China' s diversified dispute resolution mechanism from the perspective of the whole mechanism.The full text is divided into five chapters,mainly focusing on the issue and solution of the problem.The first chapter is the introduction part,which mainly introduces the research purpose and significance of this topic,and expounds the research scope,research methods and innovation of this paper.The second chapter introduces the basic issues of the diversified dispute resolution mechanism.It mainly starts from three aspects.First,it defines each basic concept of the diversified dispute resolution mechanism,and sets the scope for future research.It discusses the theoretical basis of the diversified dispute resolution mechanism,and demonstrates the theoretical and scientific nature of the diversified dispute resolution mechanism from three aspects.The third is to discuss the practical needs of the diversified dispute resolution mechanism,and also discusses the pluralism from three aspects.The rationality of the existence of a dispute resolution mechanism.The third chapter analyzes the status and defects of China's diversified dispute resolution mechanism.When analyzing the status,it not only analyzes the current legislative status of China,enumerates the existing laws or regulations,and selects Nan'an,Fujian Province.As a typical case of local practice diversified dispute resolution mechanism,the city has carried out a specific analysis of the construction of diversified dispute resolution mechanism in Nan'an City,and provided reference for the construction and improvement of diversified dispute resolution mechanism in other regions.When analyzing the defects of the mechanism,the author believes that the current defects of the mechanism are mainly reflected in four aspects,namely,single value orientation,poor connection between various parts,unreasonable resource allocation,and insufficient legislative support.The fourth chapter mainly analyzes the diversified dispute resolution mechanism.The author selects France and Germany as representatives of the civil law system,and selects the United Kingdom and the United States as representatives of the Anglo-American legal system,respectively for two different legal systems and four.The dispute resolution mechanisms of different countries were analyzed,and in the end,the dispute resolution mechanisms of these countries were compared horizontally,and some experiences that can be learned from China were summarized.The fifth chapter puts forward some feasible suggestions for the improvement of China's diversified dispute resolution mechanism.Corresponding to the four defects mentioned above,the four proposals are to establish a diversified dispute resolution concept and strengthen the convergence of diversified dispute resolution mechanisms.Reasonably optimize resource allocation and speed up the legislative process.