The Mechanism Of Disputes’ Settlement From The Perspective Of Power Restriction

The resolution of disputes is a process of powers’ competition. In reality, theresults of the disputes’ resolution probably are not fully in accordance with the rulesof law. The process of powers’ competition still needs the participation of the lawwhich is but a method of intervention of state power. The analysis of competitivepowers in the process of resolving disputes forces is useful to reflect the essence ofthe working mechanism of disputes’ settlement. Since disputes have dual features ofpower and behavior, and powers’ restriction is inevitable, the mechanism of disputes’settlement in which various powers are in restriction only can revolve disputesefficiently. Distinct structure of each mechanism of disputes’ settlement is different,leading their sources of powers to be not the same, and causing the working range ofeach is distinctive. Thus decides the different divisions of labor of them.The unequal power of parties is the fundamental causes of disputes, so balance ofpowers is the presupposition of disputes’ resolution. The unbalanced socialdevelopment of our country is the essential cause of the substantial disparity of privatepower, and the failure of restricting system between privates, resulting in a thirdparty’s intervention to a large scale disputes’ settlement; At the same time the litigantfactors which emphasize law and procedure emerge in the alternative mechanism ofdisputes’ resolution, and again action appears a lot of emphases on the partiesacceptability which is called non-litigation factors.At present the collective absence of neutrality of the third party in the mechanismof disputes’ settlement in our country causes a lot of disputes pour into court whoseneutrality is relatively guaranteed, giving unbearable burden to the court. Theclassification of cases makes the pattern of “super court” in which the alternative mechanismof disputes’ resolution which is inside of the court or the alternative mechanism ofdisputes’ resolution which guided by the court is formed. At the same time, because thejudge’s neutrality is inadequate, many a violent private aid and appeal which resultfrom that a lot disputes are still not resolved are great menace of social order.Finally, this article tries to make appropriate evaluation of the present situation ofthe reform. In the situation that the third party’s missing of neutrality can’t be solved instantly, regarding of the mechanism of disputes’ settlement, the expedientcountermeasure of reform is to follow the discipline of the structure and the division oflabor, besides the improvement of the function of the court, and to develop thealternative mechanism of disputes’ resolution in the pattern of “super court”; Thelong-term measure is to change unbalanced social developing situation, providingexternal environment for the mechanism of disputes’ resolution.