Research On Coordination Of China’s International Commercial Diversity Dispute Resolution Mechanism

The proposition and continuous advancement of the “Belt and Road” has provided huge economic and trade cooperation and development opportunities for the countries along the line.At the same time,international commercial disputes are inevitable in the process of deepening economic and trade cooperation.As the number of commercial cases in the countries along the “Belt and Road” continues to increase,it has become an important part in the current construction of our legal system to hear the international commercial cases timely and justly in accordance with the law,to protect the legal interests of the parties both at home and abroad and to create a stable,fair,transparent and convenient business environment governed by the law.In order to meet the diversified dispute resolution needs between parties,many countries have established international commercial courts to attract parties to use it as a dispute handling institution through their unique advantages.While increasing their international competitiveness,they also pay more attention to increasing their international influence.In 2018,the Supreme People’s Court established the China International Commercial Tribunal(CICC)which aims to establish a new type of international commercial dispute settlement mechanism,create a judicial environment that effectively protects international economic and trade cooperation and commercial transactions,promote economic and legal linkages along the Belt and Road and form a new pattern of coordinated development of diversified dispute resolution mechanisms.As an emerging system,China International Commercial Court faces many problems that need to be improved in the face of the progress and development of the times.There is still a long way to go to develop the commercial court system.It requires not only an innovative legal system but also advanced judicial concepts.With the launch and operation of the International Commercial Court,the connection and coordination of multiple dispute resolution mechanisms has become a problem to be solved at the theoretical,institutional and practical levels.This paper intends from the perspective of comparative law,takes the institutional optimization as the starting point,systematically combs the current operation status of lawsuit,arbitration,and mediating the multipledispute resolution mechanism,explores the possibility of their coordination and links,and then proposes the exploratory suggestions for the trinity "one-stop" operation.This paper includes six parts,Part one: introduction which introduces the research background,the significance of the topic selection,current research status at home and abroad,research ideas,research methods and main content as well as research innovations.The second part discusses the legal and jurisprudential basis for establishing a diversified dispute resolution mechanism in China on the basis of clearly defining its concept and types,and then analyzes the development opportunities of the diversified dispute resolution mechanism.The existing explorations and problems of coordination of diversified dispute resolution mechanisms have also been combed and explored in this part.The third part demonstrates the necessity and possibility of coordinating international commercial litigation and international arbitration in terms of institutions,personnel,jurisdiction and enforcement systems,and puts forward perfect suggestions for the connection of related systems.The fourth part systematically sorts out the main mode of the combination of arbitration and mediation in China at the present stage,and puts forward the optimization path and scheme for the mode of the combination of arbitration and mediation,for the construction of organizational structure,for the mixing of personnel and the problems exposed by the implementation system.The fifth part discusses the coordination links of the international commercial litigation and commercial mediation,and puts forward specific and perfect suggestions for the system coordination of the them in the pre-litigation mediation stage,mediation stage,the judicial confirmation stage and the enforcement stage.The sixth part puts forward the suggestion of establishing a "one-stop" dispute resolution platform,which specifically includes the cultivation of professional talents,the establishment of specialized coordination institutions and the improvement of the commercial court’s own system.