Abstract:Society and disputes are concurrent. In China’s civil dispute resolution system, the increasing civil litigation rate year by year represents people’s demand of trial resources and the optimization of judicial environment; the shunting effect of the non-litigation dispute resolution mechanism indicates its inherent existence value. In view of the limitation of the two, we take their advantages to outline the times context of solving civil disputes. But in the real practice, the non-litigation dispute resolution mechanism has not really realized the legalization of operation. Based on the context to solve disputes, to show the unique character of the non-litigation dispute resolution mechanism and promote its real discourse right, we should make it standardized and institutionalized through legislation, which is the optimal path to realize its benign developmemnt. Therefore, we should follow the legislation principle and construct the civil dispute resolution law from such aspects as the system design and structure layout.