我国非诉讼纠纷解决机制的合理建构--以民事诉讼法的修改为视角

扩大当事人的诉权保障是社会发展的趋势,但司法资源的有限性也是显而易见的.因此,如何在纠纷解决与司法资源的利用上寻找一个平衡点,成为现代法治国家面临的一个重要课题.非诉讼纠纷解决(ADR)作为一种替代性的纠纷解决方式,在各国的民事司法改革中备受关注.我国非诉讼纠纷解决机制的建构应在民事诉讼法修改的大框架中统筹考虑,以确保我国整体纠纷解决机制趋于合理与完善,从而使构建和谐社会的理想得以实现.

Reasonable Construction of ADR System in the Perspective of Civil Procedural Law Amendment

It is a universal trend of social development to further guarantee the parties' right of action though judicial resources are obviously limited. In consequence, every nation by the rule of law is confronted with the problem as to how to strike a balance between dispute resolution and the use of judicial resources. As an alternative way of dispute resolution, non-litigation dispute resolution (ADR) attracts great attention in many countries' civil justice reforms. Our country's ADR system should be conceptualized in the large framework of amending civil procedural law so as to make dispute resolution mechanism more reasonable and complete and to strive for a harmonious society.