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ADR具有弥补诉讼缺陷、协调国家法和民间情理的关系、实现解纷方式的多元化、促进法治的可持续发展等功能。重庆市在构建多元化纠纷解决机制上取得了一定的成绩,但在认识、组织定位、制度建设上还存在不足。必须强调调解的中立性,正确确立其组织的法律地位,把握好调解与判决的关系,扩大调解在化解劳务纠纷、农村土地纠纷等方面的适用,才能使调解在创建“平安重庆”、构建和谐社会以及中国法治化进程中发挥其应有的作用。
ADR has the function of making up for the deficiencies in litigation, coordinating the relations between state law and folk feelings, realizing the diversification of dispute settlement methods and promoting the sustainable development of the rule of law. Chongqing has made some achievements in the construction of a diversified dispute resolution mechanism, but there are still deficiencies in understanding, organizing and establishing systems. We must emphasize the mediation of conciliation, correctly establish the legal status of its organization, grasp the relationship between conciliation and judgments, and expand the application of mediation in resolving labor disputes and land disputes in rural areas so that mediation can create a “peaceful Chongqing” Building a harmonious society and China’s legalization process to play its due role.