Build Our Judicial Adr

Judicial ADR, because of taking the court as the management organization, also being called Court—Annexed ADR, is very important component of ADR (Alternative Dispute Resolution), emerging in various countries in the recent years. Judicial ADR can reduce litigant's lawsuit cost, reducing resistance between litigants. The frugal national alleviates the lawsuit delay. Our country at present only researches judicial ADR theoretically. Correspondingly legislation has not constructed the mature consummation of the judicial ADR system. Therefore, strengthening judicial ADR research will be essential. Author takes judicial ADR as the main research object, through ADR system comparison between two big legal systems, summarizing the judicial ADR nature, the characteristic, the function and so on a series of basic general character question. Finally, in this foundation, author comments our ADR, proposing an own idea, constructing the trifle function by the time to our country judicial ADR. The full text altogether is divided into four parts, about 50,000 characters.The first part carries on the simple introduction and the analysis to two big legal systems judicial ADR development and present situation. Firstly, author introduces the English America legal system American and English judicial ADR's present situation. US's judicial ADR system specifically includes Court-Annexed Mediation, Court-Annexed arbitration, the mediation -arbitration, the early neutrality appraisal, the neutral expert fact discovery, the small trial, the simple jury trial as well as the lawsuit reconciliation and so on. The system integrity appears especially noticeably. Then, the author conducts the research in view of mainland legal system Japan as well as our country Taiwan area judicial ADR present situation, because in the position of geographical and the cultural tradition, our country and these countries, the area are similar. After comparing two big legal systems to represent national the judicial ADR system to discover, although judicature manifestation many and varied, but actually was allowed to discover the very many intrinsic attributes existence general character, namely have the identical theory underlie. The second part follows closely the discovery of first part, which continues to study, taking the general character as the clue, the inspection,the summary and induction judicial ADR ration. Judicial ADR ration includes judicial ADR meaning, nature, characters, judicial ADR value and judicial ADR function. Meanwhile finally it makes the analysis of this part regard the judicial ADR rational question, and it summarizes the critique and the suspicion which present what judicature ADR needs. This also fully explain that any system is the coexistence of fit and unfit qualities which needs to be strengthened from the institutional angle, the standardized aspect gradually strengthens the judicial ADR construction which is able to enhance strong points and avoid weaknesses.The third part locates back to our country. Because through a series of comparisons and research on the summary of judicial ADR ration, it is discovered that at present it is seriously insufficient in the judicial ADR domain at China, the court mediation system and the lawsuit reconciliation system cannot satisfy the present people regarding the judicial need, and everywhere appears to have so many problems to tackle. This part first studies our country's court mediation system, then carries on the analysis on our country's lawsuit reconciliation system.The last part compared with two big legal systems' concrete systems and related rations, and has also discovered our country's court mediation and the lawsuit reconciliation system is insufficient. And the goal only is to unify our country's national conditions and designs which suit the Chinese judicial ADR system. At this part author's first aim is to show that at our country today it is necessary and feasible to constructed judicial ADR. It is necessary because that: (1) constructing judicial ADR saves the national judicature resources and diverge the civil cases' needs; (2) constructing judicial ADR is safeguards of the litigants' right of choosing procedure, reduces the litigants' cost the need; (3) it's necessary to realize the system of division because of the need of internationalizing. The feasibility of our country's judicial ADR lies in: (1) judicial ADR has the certain theoretical preparation in our country; (2) our country has rich human resources; (3) there is deep thought foundation in our country; (4) our country has system foundation. Afterwards, author proposes his own design of constructing our country's judicial ADR system, including the type choice, the mediation, arbitrators' appointing of our country's judicial ADR system. Finally as postgraduate student majoring in civil procedure, author pays great attention to the procedure, because without the procedure's guarding the right is not the right. In the research of procedure protection, the author proposed several requests and suggestions including: (1)to respect the litigants' agreement; (2) solution deadline of judicial ADR's dispute's solution; (3) give the litigants the right to choose the way of solving disputes; (4) the operation of Court—Annexed ADR be under the principle of division; (5) evidence rules of Court—Annexed ADR; (6) must take attorney as a importance part of Court—Annexed ADR.