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A Study of the Legislative Improvement of Multiplex Dispute Settlement Mechanism

Author: WangRan
Tutor: ZhangQianYuan
School: Northwest University for Nationalities
Course: Constitutional and Administrative Law
Keywords: Diversified dispute settlement mechanism Legislation Dispute Resolution Act diversification
CLC: D926
Type: Master's thesis
Year: 2011
Downloads: 69
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Abstract

Sharp increase in the number of disputes, the type of novel is currently China's changing society in transition characteristics of the times. The emergence of these phenomena, a direct result of judicial resources strained, causing a lot of problems. To address these issues, resulting in a variety of dispute resolution, and to ensure that these dispute resolution system, institutionalized build mature, it is diversified dispute settlement mechanism. In order to protect the established rational, sustainable diversification dispute settlement mechanism, the mechanism must pass legislation relevant rules and procedures for curing. This thesis is from this perspective began discourse. The first part, in order to solve the problem of why the legislation. Dispute resolution mechanism for the diversification of their characteristics, and this feature on China's role in solving practical disputes are discussed. Dispute settlement mechanism leads to the diversification of the social background of legislation and legal value. The second part describes the United States, Japan diversified dispute settlement mechanism and operation of legislation and introduced the system of the United Kingdom and Germany tribunal mandatory mediation before litigation system. From these discussions, find on our diverse legislative dispute resolution mechanism to draw the contents were analyzed and explained. From which we can reach this conclusion, dispute resolution mechanism for legal pluralism has become the consensus, although country-specific legislative system are different, but they all reflected on the person's self-respect for the right to choose, to maximize the development of alternative dispute resolution way to achieve the optimal mechanism to ensure the settlement of disputes. The third part of our running dispute settlement mechanisms are reviewed, especially from the legislative point of view that the current dispute settlement mechanism of diversification of the problems. These issues are analyzed and concluded that there is a judicial concept behind the lack of social resources into; guide mechanism is not perfect, did not play its due role; various dispute resolution did not establish effective coordination between the operation of other reasons. The fourth part, for the above mentioned problems and their causes, the paper put forward a comprehensive dispute resolution mechanism of diversification of the legislative and solutions. First, starting from the legislative model that diversification of the NPC should develop specialized law dispute resolution mechanism for dispute settlement mechanism to build diversified to provide legal guarantees. Secondly, through the principle of autonomy, diversity and unity principle, the principle benefit analysis, a clear diversification dispute resolution mechanism should be consistent with the legislative principles of law. Again, the specific guidance from the normalization of the functions conferred judicial and administrative organs at all levels, administrative type of dispute resolution, and encouraging lawyers involved in dispute resolution, the development of specialized agencies and other dispute resolution perspective of diversified content Dispute Resolution Act was designed. Finally, discusses the operation of the Act should be noted that the supporting systems.

A Study of the Legislative Improvement of Multiplex Dispute Settlement Mechanism

Abstract

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