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随着我国经济的发展和公民权利意识的不断提高,民事纠纷层出不穷。传统的以行政调解、单位调解等纠纷机制越来越力不从心。面对我国各项改革的逐步深入、利益格局的调整以及颁布法律赋予民权,我国民事纠纷解决机制面临巨大考验。如何能够使民事纠纷有效、迅速地解决,建立符合我国国情的民事纠纷解决机制是亟待解决的一个问题。笔者从分析我国现有的民事纠纷解决机制入手,对各种机制的利弊加以比较,指出在我国应积极构建起以调解、仲裁等非诉讼解决机制为中心、以法院(公力救济)为后盾的多元化解决机制。
With the development of our economy and the continuous improvement of civil rights, civil disputes are emerging one after another. The traditional administrative mediation, mediation units and other disputes more and more powerless. Faced with the gradual deepening of various reforms in our country, the adjustment of the pattern of interests and the promulgation of laws to give civil rights, the mechanism of civil dispute resolution in our country is facing a tremendous challenge. How to effectively and promptly settle civil disputes and set up a civil dispute resolution mechanism that is in line with China’s national conditions is an issue to be solved urgently. Starting from the analysis of the existing civil dispute resolution mechanism in our country, the author compares the advantages and disadvantages of various mechanisms and points out that in our country, the non-litigation settlement mechanism such as mediation and arbitration should be actively constructed and the court (public remedy) be the backing. Diversified solution mechanism.