On Perfection Of System Of International Commercial Mediation

Mediation is a very soft,rapid and effective commercial dispute settlement system,which has a significant effect on the settlement of international commercial disputes under the background of growing foreign economic exchanges at present.Most western developed nations have already regarded it as the first choice to solve international commercial disputes.In China,the mediation system boasts a long history,but the idea of international commercial mediation has not been well "acclimatized".Not enough attention is paid to it.When facing disputes,these entities often choose arbitration,litigation or other measures that have more complicated procedures and consume more time,leading to unnecessary economic and other losses.In the early research,the author conducts related analysis on the current China's international commercial mediation system,the existing problems in the system and the dilemma faced in this process from the perspective legislation and practice.In the analysis of these problems,the author found that the problems not only refer to the legislation blank on China's current international commercial mediation system,but also refer to the force of the meditation agreement confirmation issue.In addition,the mediation system is also weak in its operation basis,coordination and interaction among systems.At present with the continuously deepening global economic integration,especially with the promotion of the Belt and Road Initiative,China's demand on foreign trade keeps increasing,and commercial disputes especially foreign commercial disputes will have an exponential growth in the future.If a commercial dispute mediation mechanism with Chinese characteristics failed to be established,such a long-term “no rules to follow” state will impose a negative influence on Chinese foreign trade.The main body of this paper came into being thanks to the relatively complete preliminary investigation and analysis.The research object of this paper will focus on the improvement of China's international commercial mediation system,which will discuss the particularity of international commercial disputes under the context of the global situation at the beginning of the paper,and then conducts analysis on the solution demand on the international commercial disputes,based on which concludes the significance of improving the international commercial mediation system.The next part will be the discussion of how to localize the experience abroad by combining the international advanced experience with the reality in China,and puts forward strategy orientation and suggestions on how to improve China's special international commercial mediation system,the details of which include: First of all,establish a sound social credit and commercial credit system as well as to build the credit basis of dispute settlement mechanism selection;Secondly,make up the legislative blank to improve the quality of China's international commercial mediation system.By strengthening works on “the connection of the litigation and mediation” and “the joint of mediation and arbitration”,institutional assurance for international commercial mediation legislation shall be provided while promoting the coordinate development of litigation system and extra-judicial system.Lastly,strengthen international cooperation and try to establish joint mediation mechanism,and build up a sound online mediation mechanism,non-controversial truth and non-controversial mediation plan accreditation mechanism so as to improve the social recognition and trust in mediation field.The problems discussed in this paper are novel in terms of the topic,and not only stay at the theoretical level,but also takes practical feasibility of the operation into account,which is of certain practical significance.In addition,it is also a new attempt to summarize the particularity of international commercial disputes and their resolution requirements as well as the induction of the unique values of international commercial mediation.In addition,the paper also elaborates its own views on how to draw lessons from foreign experience concerning the legislative model and specific legislative issues with the hope to provide some suggestions for improving the relevant legal system in our country.