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在我国法治现代化和社会转型的进程中,由于缺乏法治的经验、传统以及对诉讼的盲目崇拜,社会大众的主流意识出现了一种偏向,即把诉讼视为实现权利的唯一正确途径,把诉讼率的高低作为判断法治进程的标准。在世界法学领域,早有不少学者认识到法治的多元化和诉讼的局限性,并致力于法治多元化和非诉讼纠纷解决机制的研究。在中国不断强调依法治国和构建和谐社会的背景下,ADR作为能够体现当事人意志和行为选择的诉讼方式,越来越受到中国法学界的重视。
In the process of the modernization of the rule of law and social transformation in our country, due to the lack of experiences and traditions of the rule of law as well as the blind worship of the lawsuits, there is a bias in the mainstream awareness of the general public that litigation is the only correct way to realize the right, The rate as a criterion for judging the progress of the rule of law. In the field of law of the world, many scholars have long recognized the diversity of the rule of law and the limitations of litigation and are committed to the study of the diversification of laws and non-litigation dispute resolution mechanisms. Under the background of China constantly emphasizing governing the country according to law and building a harmonious society, ADR, as a litigation method that can reflect the will and behavior of the parties, has drawn more and more attention from the Chinese jurisprudence community.