Adr: A Perspective Of Law And Economics

Nankai University (Philosophy and Social Sciences) 4:57-66 (2007)
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Abstract

Domestic and international ADR, are the product of historical development, but also people's behavior selection. Choice in it, reflects the cost of a rational person in law and economics - to maximize the benefit comparison and assumptions. From society as a whole, ADR is an important proof of concept of efficiency. Having said that, ADR, there are still many shortcomings and problems continue to improve, so that ADR tends to standardize and to realize the principle of efficiency, while highlighting the spirit of justice. Altemative Dispute Resolution is from the historical reference while it is also the result of people's selection. That people choose APR reflects the assumption of rational person's cost-benefit comparison and maximization in Law and Economics. ADR is the powerful attestation of efficiency conception in the society. Even so, there are still many shortcomings of ADR that should be improved, and standardized to be efficient and upright

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Zhou Xiao
NanJing University

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