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现代ADR是基于与传统的ADR完全不同的理念与制度基础建立起来的,其中传统ADR更注重情感上、利益上的妥协退让,而现代ADR则偏向于是个人与利益的权衡与考量之后所做出的理性的选择,是个人自治的产物。那么,由此我们就可以进一步的研究现代ADR与我们所追求的法治到底是一种什么样的关系。本文认为现代ADR完全是法治发展到一定阶段的产物,是与法治并行不悖甚至可以与其相辅相成的。
Modern ADR is based on a completely different philosophy and institutional basis from the traditional ADR, in which the traditional ADR pays more attention to emotional compromise and compromise on benefits while modern ADR tends to be made after the trade-off between individual and interest The rational choice is the product of personal autonomy. So, then we can further study what the relationship between modern ADR and the rule of law we are pursuing. This article argues that modern ADR is completely the product of the development of the rule of law to a certain stage, which is not inconsistent with the rule of law or even complements it.