Research On China Financial ODR Ombudsman

With the continuous development of society and increasingly complex conflicts of interest,in order to protect the people’s right to "access to justice",Alternative Dispute Resolution(ADR)came into being under this background and came into being.Develop into the golden period.Financial ODR refers to an alternative dispute resolution method that establishes a relatively independent third-party dispute handling institution with financial institutions as members,and specializes in handling various disputes in financial consumption and conducting mediation or adjudication.In November 2019,the Supreme People’s Court and relevant state ministries and commissions jointly issued the issue of "Comprehensively Promoting the Establishment of a alternative dispute resolution Mechanism for Financial Disputes" to provide a wider stage for the settlement of diversified disputes in financial consumption.This paper uses literature analysis,empirical analysis,comparative analysis,and interdisciplinary analysis to try to discuss the construction of the system of mediators from the perspective of the financial alternative dispute resolution mechanism and the operation of financial ODR institutions.In addition to the introduction and conclusions,this article includes the following four sections:The first part discusses the legal basis of the mediation commissioner system.Starting from the nature of the mediation commissioner,it shows its position in the mediation system and positions the role of the mediation commissioner.Second,it analyzes the function of the mediation commissioner in the financial ODR and focuses on the mediation.The standards of the commissioner system.The second part studies the financial ODR mediation commissioner system that was initially formed in China.First,get a preliminary understanding of the specific regulations and operating effects of the current mediation commissioner system that is actively promoted based on the People ’s Mediation Law.Second,from the low case acceptance rate,low social trust,and liquidity in the implementation of financial ODR This aspect provides an in-depth analysis of the problems existing in the current system of mediators.The third part is the experience of domestic and overseas financial ODR mediation commissioner system.First,introduce the legislation and practice of the mediation commissioner system in the British FOS and FOI in Taiwan,China;second,analyze the advantages and disadvantages of the independence,professionalism,and professionalism of the mediation commissioner in extraterritorial countries and regions;finally,summarize the extraterritorial countries and regions’ Reference experience in the construction of the mediation commissioner system in financial ODR.The fourth part puts forward suggestions for the problems in the mediation commissioner system in China’s financial ODR at this stage.First,a special chapter was added to regulate the mediation commissioner.Second,the rights and obligations of the mediation commissioner were clarified.Third,the qualification standards of the mediation commissioner were detailed.Finally,the full-time and part-time ratio of the mediation commissioner was balanced.