On The Integration And Perfection Of Alternative Dispute Resolution

Alternative Dispute Resolution(ADR) refers to various dispute-resolving means and methods except litigation that have gradually developed in America since 30 years ago. It serves to resolve disputes with flexibility, reasonably distribute judicial resources and reduce the cost in the course of dispute-resolving. The thesis aims at discussing how to construct the conceptual system of ADR suitable to China by comparing ADR in China and foreign countries on the one hand, and coming up with proposals on China's judicial reform and ADR construction on the other hand. The thesis's dominant themes are as follows: to emphasize actual needs for dispute-resolving in our society, to focus on the close relationship between legal mechanism and society, to stress the different demands of different members of society in the course of dispute-resolving, and to promote the autonomy of the members of society under the premise of fulfilling legal management; to pay attention to the fair and impartial dispute settlement while to take into account the principles of efficiency and effectiveness; to promote awareness of maintaining people's rights through legal action while to advocate consultation and mutual benefits; and to perfect the civil action system while to attach importance to the role of both traditional and new ADR. The thesis first studies the theory and development situation of ADR, learns from foreign ADR, and analyze the development situation of China's ADR and the existing problems in it. Then the thesis seeks to remodel and improve China's ADR, and put forward proposals to construct China's ADR in order to promote the harmonious development of our society.