Research On The Dispute Settlement Mechanism Of Chamber Of Commerce

The dispute settlement mechanism of chamber of commerce is a system formed by the dispute resolution concept, rules, system, methods, organizations and activities. Commercial field is recognized as the highest degree of social autonomy. To resolve commercial disputes is the basic activity of local and industry chamber of commerce in the EAST and WEST, as well as a kind of "judicial practice" of its autonomous rule. The practice of modern Chinese chamber of commerce to resolve commercial disputes has experienced a process from the formation to the specification, and then declined with the formation of the modern legal system.Our country has always emphasized that the use of civil procedure to resolve commercial disputes, and has no independent commercial trial system, too much focus on grasping that both civil disputes and commercial disputes are same as the social relationship between equal subjects, ignoring the particularities of commercial disputes as well as commercial dispute settlement mechanism and independent character of commercial law, therefore appear the phenomenon which is not conducive to the settlement of disputes. Based on this, this paper points out that the other dispute resolution’s functional limitations in resolving commercial disputes, by means of grasping the historical evolution and current situation of the dispute settlement mechanism of chamber of commerce and as the basis of analyzing the particularities of commercial disputes and commercial dispute settlement mechanism, then put forward that the dispute settlement mechanism of chamber of commerce is conducive to construct the industry norms, relieve rigidity of dispute resolution, ease the emotional confrontation, pay attention to commercial customs and practices, emphasis on the use of professional technical specification has irreplaceable advantages,also has a unique value in solving increasingly complex and multiple commercial disputes. Given the chamber of commerce to resolve commercial disputes functions, is not only an extension of the chamber of commerce in autonomy, but also accord with the institutional demand of commercial dispute resolution at present.At present, although there are many chamber of commerce organizations in China, due to the lack of autonomy and the ambiguity of legal provisions, and there is no clear definition of function and the corresponding power, the chamber of commerce plays a limited functionality in resolving disputes, thus the system maturity of the chamber of commerce to resolve commercial disputes depends on its organization construction and normative development. This paper suggests, in addition to give a clearly position and specification of functions of the chamber of commerce in the legal aspects, and to encourage and guide of its self-government in reality, also to deal with a series of institutional design such as its effectiveness, system security and relief and so on, so as to improve and perfect the dispute settlement mechanism of chamber of commerce.