Study On Mediation Of Commercial Disputes By Shanghai General Chamber Of Commerce

Shanghai General Chamber of Commerce was the chamber of commerce organization in Shanghai area from 1912 to 1928.Shanghai General Chamber of Commerce inherited the functions of solving commercial disputes from its predecessors,Shanghai Commercial Convention Center and Shanghai General Chamber of Commerce.Shanghai General Chamber of Commerce mediates commercial disputes in Shanghai district on the basis of the Regulations of commercial Arbitration Office issued by the Ministry of Agriculture and Commerce and the Ministry of Justice and the Rules of Operation of Commercial Arbitration Office formulated by Shanghai General Chamber of Commerce.This paper classifies and studies 82 commercial disputes mediated by Shanghai General Chamber of Commerce recorded in the proceedings of Shanghai General Chamber of Commerce,analyzes the mediation procedures and methods of Shanghai General Chamber of Commerce in commercial disputes,and investigates its active pursuit of legal discipline as a form of civil mediation.The paper is divided into four chapters:Chapter one explains that Shanghai General Chamber of Commerce undertakes the responsibility of mediating commercial disputes.The first section describes the traditional solutions to commercial disputes before the establishment of the new chamber of Commerce.The second section explains how the new chamber of commerce assumes the responsibility of dispute resolution.Due to the failure of the traditional dispute settlement mechanism,the chamber of Commerce has accepted part of the responsibility of civil mediation of commercial disputes.Section three defines the nature of mediation of commercial disputes by Shanghai General Chamber of Commerce,and compares the essence of arbitration and mediation.Because the chamber of Commerce general chamber of commerce in the settlement of commercial disputes can not meet the essence of arbitration "arbitration award shall be final and binding" "or arbitration or adjudication" requirements,so as to determine it as mediation.Chapter two begins to discuss the procedural setup of Shanghai General Chamber of Commerce in the mediation of commercial disputes.The first section describes the mediation institution of the chamber of Commerce in the mediation of commercial disputes,which is the case handling department and the commercial arbitration department.From 1912 to 1913,since the commercial settlement office had not been established,it was concurrently managed by the case Handling Office,a permanent institution of Shanghai General Chamber of Commerce.After the establishment of the Commercial Arbitration Office in 1914,the commercial Arbitration Office was exclusively in charge.The second section introduces the selection method of the commercial Arbitration office staff.The third section introduces the procedural provisions of the Commercial Arbitration Department for handling commercial disputes.How Shanghai General Chamber of Commerce accepts commercial disputes,what kind of disputes it accepts,what kind of disputes it does not accept,and how to settle disputes after arbitration.Chapter three is the study of commercial disputes actually mediated by Shanghai General Chamber of Commerce.Section one,two and three list 82 commercial disputes in form of tables according to the classification of disputes related to sale,money debt and partnership.At the same time,the mediation scheme adopted by Shanghai is analyzed in detail.Chapter four analyzes the actual operation and actual effect of Shanghai General Chamber of Commerce in dispute mediation.The first section analyzes the breakthrough and adjustment of the articles of association by Shanghai General Chamber of Commerce in the actual operation of mediation of commercial disputes.The Shanghai Chamber of Commerce expanded the sources of disputes and changed the way evidence is investigated.The second section analyzes the mediation basis used by Shanghai General Chamber of Commerce in the mediation: law,business habits,reason.The third section further discusses the actual effect of Shanghai General Chamber of Commerce’s mediation of commercial disputes,and analyzes the reasons for the failure of mediation.Through the discussion of the above four chapters,the conclusion summarizes the progress of Shanghai General Chamber of Commerce as a civil legal service organization in the settlement of commercial disputes.Shanghai general chamber of commerce in the process of mediation of commercial disputes,through mediation program set up,the investigation of evidence,and mediation personnel specification,etc.,based on which the modern legal thoughts,legal technology into the folk commercial dispute mediation,reforming the traditional guild mediation model,formed with legal procedural and substantive innovative mediation model.This is a beneficial attempt in the process of legal modernization in the Republic of China period.This mediation mode also has certain reference significance for the current chamber of commerce to mediate commercial disputes.