On The Transformation Of Chinese ADR

ADR in the latter part of last century in developed countries in response to "litigation explosion" and the creation of a dispute resolution mechanism. Contrast ADR short history in other countries, our country for thousands of years there has been a traditional society, its shadow, but little attention and study. In the early stages of building a socialist country ruled by law, we have been trying to introduce advanced Western legal concepts, legal culture and legal system, China's traditional philosophy has always been the rule of law exists as a negative example and to get rid of them. This is missing quite a number of significant local value system, when the rise of the West when the boom of ADR, China's traditional society, non-litigious dispute resolution system has enabled us to have a congregation where shining when I look back feeling, This may be right to build the ADR system with Chinese characteristics is not without inspiration and achievements. How do based on the condition of our country abroad on the basis of the system to transform and use of ADR has become a hot sector of China's civil substantive issues, will also become an important breakthrough in dealing with social disputes.This text is divided into four parts. The first part, from the ADR mechanism, connotation, extension, features start with the basic theoretical issues, drawing on traditional Chinese ADR mechanism, based on the search for the unique characteristics of China's ADR mechanisms. The second part, from the proliferation of disputes, the public rule of law, low levels of awareness, litigation costs are relatively high, judicial and legal proceedings under the authority of the limitations of its own analysis of the five aspects of transformation of China's internal ADR motivation. The third part of a comprehensive mediation mechanism to Rongchang, as exemplified by analysis and evaluation of our existing ADR system, advantages and disadvantages. Part IV, in the third part, based on the proceedings from a unified entity with non-actionable basis for the distinction between procedural and non-actionable different levels to achieve an effective litigation and non-actionable convergence put forward to build our vision of a harmonious ADR mechanisms:Civil Dispute Resolution and the official dispute resolution methods, the traditional dispute resolution methods, and new dispute resolution methods, mandatory dispute resolution methods and the non-mandatory dispute resolution methods, justice-oriented dispute settlement methods and the executive-oriented, intermediary organizations-oriented, civil oriented parallel to the diversification of Dispute Resolution dispute settlement system.