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在当今的法治社会,通过诉讼解决纠纷是法治的必然要求,但是诉讼不应是也不可能是纠纷解决的唯一渠道。本文指出基于诉讼程序的局限性和非诉讼纠纷解决机制的优越性,非诉讼纠纷解决机制已成为一种世界性的时代潮流。在我国作为非诉讼纠纷解决机制的基本类型的调解、仲裁和当事人的自力救济上还存在不少问题,应对其完善。
In today’s law-based society, litigation to resolve disputes is a necessary requirement of the rule of law, but litigation should not and can not be the only channel for dispute resolution. This paper points out that the non-litigation dispute resolution mechanism has become a worldwide trend of the times based on the limitations of litigation procedures and the superiority of non-litigation dispute resolution mechanisms. There are still many problems in mediation, arbitration and self-help remedy in our country as the non-litigation dispute resolution mechanism and should be consummated.