Adjustment and Reorganization of the Diversified Dispute Resolution from the Perspective of State Governance

Abstract

The diversified dispute resolution (DDR) in China is different from the alternative dispute resolution (ADR) in Western countries with respect to its fundamental cause and political, economic, social, and cultural backgrounds. To better understand the DDR, the academic community shall go beyond the superficial feature of “distributing the burden of litigation” of the ADR in Western countries and consider it as the basic institutional arrangement and regular governance practice of state governance. Furthermore, we can adjust and reorganize the DDR based on such understanding. Specifically, after understanding the general features of dispute resolution forms, we should mobilize, aggregate, integrate, and use the dispute resolution resources in a society to improve and expand non-litigation dispute resolution forms and increase the overall supply of dispute resolution resources. Understanding the real features of disputes in China and its specific demands for dispute resolution. guide or regulate the choice of dispute resolution forms for the parties to a dispute through reasonable system design, so that the dispute resolution demands and dispute resolution forms can be matched. In particular, the Communist Party of China (CPC) and Chinese governments should play the leading and organizing role in the DDR, to comprehensively improve the effectiveness of the “Pluralistic-Unity-Style” dispute resolution.

Keywords

state governance / diversified dispute resolution / dispute resolution resources / dispute resolution demands

RIGHTS & PERMISSIONS

Higher Education Press