| Today, when we look around the world, we will find various applications and developments of resolutions for non-lawsuit disputes, which has become the tendency of the day and played its unique and irreplaceable role in temporary world, where the development of economy became more multipolar and complex. Generally, these resolutions for non-lawsuit disputes are called alternative dispute resolution (abb. ADR), in which conciliation is one of its important parts.The development of ADR reflects and promotes changes of the idea and spirit of time-from rivalry to dialogue, from cold war to negotiation, from single value to multipolarity, from competition to win to seeking win-win. Contrasting with any past time, people pay more attention to intercourse and cooperation to promote the social development and recognize values of mutual respect and tolerance, these are improvements not only in civilization but also in law.As one of additional non-lawsuit dispute settlements, conciliation with history longer than arbitration is still full of powerful vitality. In 2000, after thorough discussion and negotiation, UNCITRAL (United Nations Commission on International Trade Law) presented the UNCITRAL Model Law On International Commercial Conciliation, which subsequently was scrutinizingly discussed by countries and regions with different law systems, and agreements had been reached on certain issues. This gave a strong signal to each country of the world: conciliation has became a fashion in temporary society and developed into an important measure and a new type of industry for dispute settlement.The method of conciliation used for settling disputes has a long history in China and can be dated to ancient times. But over the long haul, the disesteem to conciliation is an undisputable fact. At present, our country is building up a legalcountry, during this process, the right consciousness and law consciousness are strongly advocated, and the jurisdiction function is reinforced, people advocate dispute settlement with lawsuit and arbitration proceedings to realize rights but meanwhile, put dubious, challenging and surveillant eyes on conciliation.The article takes the international commercial conciliation as the object of study and expounds the basic implication, principles, procedure and the main methods of commercial conciliation in respect of theory and practice by means of analysis and comparison, and then gives an account of the latest development of commercial conciliation in foreign countries and international organizations. On the basis of above, some opinions and suggestions are put forward on the prospects of commercial conciliation in China. The main ideas is to promote the legislation of commercial conciliation, exploit the unique advantages of commercial conciliation and set up the multiple system of dispute resolutions geared to the reality of China in international economic exchanges.The commercial conciliation in our country is an outcome of social economic development of China and will continuously develop with economic developments in China and the world. Firstly, the development of our economy and the process of unitization of international economy give the external requirements for commercial conciliation of our country. The economic development is directly proportional to the expansion of business activities, and this will result in increase of business disputes. With speeding up of the integration of world economy, the business intercourse and the business dispute among countries with different cultural backgrounds and law systems will continuously increase, commercial conciliation used for dispute settlement will be applicable to international conventions and civil disposition rights of party concerned to avoid conflict of cultures and laws and satisfy common requirements of parties concerned from different countries.Therefore, the demand space is created for further development of commercial conciliation of our country. Secondly, following advantages and characters of comm... |
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