诉讼外纠纷解决机制研究

On Judicial Resolution about ADR

ADR是AlternativeDisputeResolution的简称 ,中文译为”替代性纠纷解决方法“。作为一个通用概念 ,它已被现代西方各国用作对诉讼外纠纷解决方式的统称 ,内涵与我国所谓的非诉机制相同。本文简要介绍了美国、日本的诉讼外纠纷解决制度 ,论证了诉讼的弊端 ,ADR的优势及其内在理性价值 ,以及在我国大力发展ADR的重要意义 ,并提出了建构多元化纠纷解决体系的初步构想。

ADR is the abbreviation of Alternative Dispute Resolution. As a commonly used conception, it is described in the western,co-themes as the general designation of all extra judicial resolution, Whose connotation is as the same as that of what is called extra-judicial system in China. In this article, I have introduced the dispute settlement system out of the litigation in America and Japan, testified the malpractice of dispute, demonstrated the ADR's superiority and rational value, proved the significance of developing ADR in China and put forward the initial proposition in building many-faced dispute settlement system.