“Fengqiao Model” and the Structural Changes of Dispute Resolution Mechanisms in China

Abstract

As the idea of diversified dispute resolution becomes common sense, the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China. The 60-year development of the “Fengqiao Model” has always focused on the overall design of the dispute resolution system, which provides a foundation and plenty of materials for understanding these structural relationships. Combined with the development of social theory, this paper summarizes a general structural theory of dispute resolution mechanisms based on the “Fengqiao Model.” This theory advocates that the structure of dispute resolution mechanisms is the outcome of the integration of state intervention, social self-regulatory, and their interactions with various dispute resolution mechanisms. It can be used to explain the formation and change of the dispute resolution system in China, the structural strain in recent years, the overall plan of structural adjustment since 2012, and the next strategic core of profound adjustment. It also can be used to explain why the “Fengqiao Model” is so persistent and widely applicable, and how the “Fengqiao Model” be converted from a local model to an overall requirement, showing the great meaning of adhering to and developing the “Fengqiao Model” at present.

Keywords

“Fengqiao Model” / diversified dispute resolution / structure of dispute resolution mechanisms / state intervention / social governance

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