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随着经济全球化的发展,国际贸易日益繁荣,与此同时,国际贸易争端也与日俱增,诉讼程序复杂,审判时间冗长,各国际商事主体渐渐放弃了如此费钱伤和气的法律程序,转而投向形式多样,简便快捷的选择性争端解决机制(ADR)。本文从法律的角度分析了ADR建构的意义、建构的法律社会学基础,并通过对其发展现状的SWOT分析,从立法的角度为ADR的完善提供了保障。
With the development of economic globalization, international trade is booming day by day. At the same time, international trade disputes are also increasing day by day. Due to the complexity of litigation procedures and the lengthy trial time, various international commercial entities gradually give up such costly legal procedures and turn to investment Diverse, simple and quick alternative dispute resolution (ADR) mechanisms. This article analyzes the significance of ADR construction from the legal point of view and the legal and sociological basis of its construction. Through SWOT analysis of its development status, this article provides a guarantee for the perfection of ADR from a legislative perspective.