海盐兰博基尼,92cc劲爆摇头dj舞曲,永春青钱柳山庄
Firstly, western ADR is carried out under the condition of highly legalized society and strong self-discipline of social subjects. However, China is now in the period of social transformation. The traditional value system has been loose, and the new value system has not been established yet. The awareness of citizens' rights is not strong enough, and the ability of self-discipline is low. Therefore, ADR, as an alternative solution based on the autonomy and self-discipline of the parties, lacks the self-discipline of the parties at the present stage in China and cannot be guaranteed, and most ADR falls into litigation as a mere form. Secondly, the socialist market economy is in the stage of establishment and perfection, which makes the forms of civil disputes diverse, the main body behavior lacks standard, and the civil legal relations change rapidly. Therefore, the way of litigation with authority and compulsion to determine rights and obligations becomes the first choice of parties and the social need. The inherent disadvantages of ADR also hinder its development. Because ADR does not have the mandatory effect, the standard and the procedure's arbitrariness, after the host the organization quality is uneven, as well as the party's strength difference causes the unfair result, causes the party to lack the trust each other, the court also disregards the cooperation. The law provides for the settlement of non-litigation disputes, such as people's mediation and arbitration, to be too simple and principled. Our country 1995 promulgate "arbitration law" only 80 articles. The law has been implemented for more than seven years, and the legislature has yet to formulate relevant implementation measures. The lag of arbitration legislation directly makes it difficult for each region to complete the task of establishing arbitration organization. As for mediation, besides people's mediation, the laws on settling disputes between professional intermediary agencies such as Chambers of commerce, law firms, accounting firms, architects' associations, insurance associations and banking associations are still missing. |
