Research On The Improvement Of China’s Commercial Mediation System From The Perspective Of The Singapore Convention On Mediation

China’s 14th Five-Year Plan calls for further modernization of the national governance system and governance capacity,including improving the diversified mechanism for resolving conflicts and disputes as one of the effective means of resolving disputes of dispute.In recent years,mediation has become very popular.The emergence of the United Nations Convention on International Settlement Agreements Resulting from Mediation(hereinafter referred to as the Singapore Convention on Mediation)in 2018 has further facilitated the further development of mediation in the commercial field,addressing the biggest shackle to the development of mediation in the field of commercial dispute resolution,namely the issue of the enforce ability of settlement agreements reached through mediation.Now that China has signed the Singapore Convention on Mediation and is likely to ratify it,the country should expedite its study of the content of the Singapore Convention on Mediation in order to prepare for its ratification.Apart from the introductory and concluding remarks,this paper is divided into the following parts:The first part is an overview of the Singapore Convention on mediation and commercial conciliation in China.Firstly,it introduces the contents of the Convention from the aspects of the scope of application,the execution of the settlement agreement,the situation of refusing relief,and the reservation.Secondly,from the historical context of the development of commercial mediation in China,it expounds that the development of commercial mediation in China has a profound historical background.Based on the current provisions of the legal system of commercial mediation in China,this paper analyzes the provisions on the legal effect and execution of commercial mediation agreements scattered in various laws and regulations,as well as other provisions on commercial mediation,and expounds the relevant provisions of the existing laws on commercial mediation in China.And the following three types of commercial mediation institutions: chambers of commerce,trade associations under the mediation organizations,arbitration institutions set up mediation centers,social forces established in cooperation with the practice of mediation organizations,the status quo and development characteristics of a brief analysis;Finally,it discusses the important significance of joining the Singapore Convention on Mediation to promote the optimization of China’s commercial mediation system,to provide judicial protection for the construction of "The Belt and Road Initiative" and to promote the legalization of business environment.The second part focuses on the analysis of the dilemma of the convergence between China’s commercial mediation system and the Singapore Convention on Mediation.Firstly,there is a deviation in the cognition of international commercial mediation agreement between our country and the convention,which is reflected in the scope of application of the international commercial mediation agreement,the effectiveness and execution of the settlement agreement.Secondly,the differences between China and the United Nations Convention on the Law of the People’s Republic of China in the enforcement mechanism of international commercial mediation agreement are expounded from three aspects: the review of the enforcement of international commercial mediation agreement,the enforcement procedure and the false mediation in the enforcement.Finally,it lists other problems that do not match the existing provisions and the Convention,such as the lack of unified guidelines for mediators,the lack of individual mediator system,and the inadequate market-oriented operation of commercial mediation organizations.The third part is to seek a breakthrough in the connection between China’s commercial mediation system and the Singapore Mediation Convention.Based on the long-term development,in order to realize the landing of Singapore Mediation Convention in China,first of all,we should explore the gradual legislative path to formulate the Commercial Mediation Law.Secondly,we should improve the execution path of international commercial mediation agreement and unify the execution mechanism of domestic and foreign commercial mediation agreement in two steps.First,we should clarify the execution rules of international commercial mediation agreement through judicial interpretation,including the validity,scope of application and execution review procedure of the settlement agreement,and then improve the relief measures for outsiders to strengthen the prevention of false mediation.Finally,we should improve the supporting systems in line with the Singapore Mediation Convention,such as unifying the code of conduct for mediators,defining the system of individual mediators and promoting the market-oriented operation of commercial mediation organizations.