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19 Frontiers L. China 1 (2024)

handle is hein.journals/frolch19 and id is 1 raw text is: Front. Law China 2024, 19(1): 1-20 https://doi.org/1 0.3868/s050-013-024-0001-4 RESEARCH ARTICLE Adjustment and Reorganization of the Diversified Dispute Resolution from the Perspective of State Governance* GU Peidonga 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 The diversified dispute resolution (DDR) has been applied for a long time in China and has become a trend in the academia recently. The trend of increasing trial cases in recent years, however, shows that the DDR lacks effectiveness in real life to a certain extent. Relevant study on legal theory prefers to compare the theory and practice of alternative dispute resolution (ADR) in other jurisdictions to study and explain the DDR in China,' which lacks For more representative researches, see FAN Yu, 4 ( ADR )Jf - (Alternative Dispute Resolution Research: Also on Diversified Dispute Resolution), in ZHENG Yongliu ed., d fi 2itA (Archives for Legal Philosophy and Sociology of Law), +Qr~t *M# (China University of Political Science and Law Press), at 135 (1999); DU Wen, ijADR - i4X (The Significance of ADR in Reshaping China's Non-Lit- igation Dispute Resolution), 3 Rinig (Tribune of Political Science and Law), 151 (2003); ZHANG Wusheng, itW[RiME , JfJ - )iM$ ADR , - (The Development of Chinese Mediation Mechanism: Analysis of the Relationship Between Mediation and ADR), 6 'MWJf (Studies in Law and Business), 111 (2007). Furthermore, in addition to civil cases, ADR is also applied to criminal, administrative, financial, and other sectors. For relevant research, see HU Ming, TMAMi A ADR # LM: d (Introduction of ADR in Criminal Justice: Ideas, Dilemmas and Models), 3 Ri i (Tribune of Political Science and Law), 110 (2013); WANG Xixin, )224,A 2-R iM ADR t)f M O, (Rules, Mutual Agreements and Governance: Possibilities and Appropriateness Arrangements for the Application of ADR in the Administrative Process), 5 MOff (Studies in Law and Business), 67 (2003); YANG Dong, B* k ADR Mfx'JI@MA A7MM SM (Innovation of Japanese Financial ADR System and What China Can Learn from That), 3 W*-* (Science of Law), 182 (2013). *This paper is revised and translated from '*ff (Chinese Journal of Law), 2023, (3), 92-111. School of Law, Zhongnan University of Economics and Law, Wuhan 430073, China

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