| As a major initiative of China,the "One Belt And One Road" initiative is closely related to China's economy.It also affects the economy of 124 countries along the "One Belt And One Road" route and affects the global economic development.Since the implementation of the "One Belt And One Road" initiative,it has brought rich results to countries along the belt and road.However,countries along the belt and road have great differences in politics,economy,culture,legal system and trading habits,and have a long geographical span,covering multiple areas with frequent security problems and providing hotbeds for commercial disputes.With the increase of cross-border commercial disputes,domestic people's courts have been improving the judicial level,but there are also a series of problems.In order to deal with "One Belt And One Road" commercial disputes,the state decided to establish "One Belt And One Road" dispute settlement mechanism and institutions.On January 23,2018,xi jinping,general secretary of the communist party of China(CPC)central committee,President of the People's Republic of China(CPC)and chairman of the central military commission(CMC),presided over the central leading group meeting on comprehensively deepening reform and adopted the opinions on the establishment of "One Belt And One Road" international commercial dispute settlement mechanism and institutions(hereinafter referred to as the opinions).According to the guideline,the construction of "One Belt And One Road" international commercial dispute settlement mechanism has been preliminarily implemented.Overseas research on "One Belt And One Road" international commercial dispute settlement mechanism is not much at present.The author thinks that the reason is that the "One Belt And One Road" international commercial dispute settlement mechanism is a relatively new dispute settlement mechanism,serving the "One Belt And One Road" initiative to solve commercial disputes,and it is still in the initial stage of establishment,and foreign countries do not know much about its construction process.In China,the "One Belt And One Road" initiative has been a hot topic in recent years,attracting many scholars.However,due to its short implementation time,most of the researches still remain on the system design of "One Belt And One Road" international commercialdispute settlement mechanism,and seldom talk about the establishment of institutions,departments and personnel.According to the content of the "opinions" and other international commercial dispute settlement mechanism of the definition,the author thinks that "neighbourhood" international commercial dispute settlement mechanism is to solve international commercial disputes along the "area"(the commercial disputes between equal subjects)for the purpose,to provide diversified dispute handling disputes,to promote "area" the commercial dispute settlement mechanism of the economic and trade smoothly.The principles of "One Belt And One Road" international commercial dispute settlement mechanism include the principle of equality,the principle of diversified dispute settlement methods,the principle of fairness and efficiency,and the principle of professionalism.The significance of its design includes practical significance,institutional significance and significance to the international community.China's international commercial court is an integral part of "One Belt And One Road" international commercial dispute settlement mechanism.It represents one of the pluralistic dispute resolution mechanisms and mainly solves international commercial disputes through litigation.The establishment of China's international commercial court has not broken through China's existing judicial system,and it has encountered less resistance in the process of implementation.It is necessary and feasible to establish international commercial court.The necessity mainly includes the defects of the existing international commercial dispute settlement mechanism,which can not meet the increasing "One Belt And One Road" commercial dispute settlement needs;In order to avoid political risks,the international commercial court is different from the consultation and negotiation among countries,and will not be affected by the status of national strength,so that the rights and interests of vulnerable countries cannot be protected.In order to facilitate the recognition and enforcement of the judgment,China's international commercial court established the enforcement mechanism of forced recognition of the judgment.The feasibility mainly includes a number of enterprises "going out",and the settlement of commercial disputes outside for many years provides the accumulation of experience for the establishment of internationalcommercial court;The aiib serves as a platform to support the establishment of commercial courts.In terms of funds,talents and sources of cases,there are also sufficient resources to meet the needs of the establishment and operation of China's international commercial courts.Mechanisms,the challenge is to point to in the construction process may encounter some problems and obstacles,including external factors existing in international commercial court of mature mechanism of competitiveness,other international commercial dispute settlement mechanism of competition and the international community to "area" international commercial dispute settlement mechanism under the international commercial court of misunderstanding.In the supreme people's court about set up the regulation of international commercial court on several issues "(hereinafter referred to as the regulations),on the basis of understanding,combined with other international commercial court system design of comparative analysis,the author thinks that our country international commercial court system design innovation including the agreement jurisdiction system,the establishment of the international commercial committee of experts," trinity "of" one-stop "platform of international commercial dispute resolution mechanism,the first-instance two-instance",the mechanism of the judge,the selection of foreign-related commercial litigation evidence.All the way on the "area" under the international commercial dispute settlement mechanism on the basis of the analysis of the international commercial court,put forward some Suggestions,including international commercial court of effective docking with the domestic arbitration institutions,domestic and domestic development,international commercial arbitration court mediation organizations effective docking international and domestic mediation,expand the scope of international judicial assistance,clearly the nature of the business,standard of choose and employ persons the expert committee member selection function and structure,establish training platform about international commercial dispute settlement.Eventually to promote the "area" international commercial dispute settlement mechanism under the construction of the international commercial court,wipe out all the way "area" of the construction of international commercial dispute settlementmechanism,and improve the level of our country judicial,so that the "area" initiative for better implementation,realize common development of our country's economy along with the national economy. |
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