The Research Of The Improvement Of China's Maritime Entrusting Mediation Mechanism

To build a sound alternative dispute resolution is an essential way to resolve social conflicts in the course of social transformation,which is applied to the shipping field.At the critical stage of Shanghai international shipping center's building,Shanghai High People's Court in cooperation with China Maritime Arbitration Commission set up the first maritime entrusting mediation mechanism.This maritime entrusting mediation mechanism is designed to share a great number of maritime disputes,and ultimately to achieve social harmony.However,this mechanism is still below the potential in the past three years' practice,and the mechanism still needs to be improved and optimized.Material theories and experience is eagerly needed at this stage.This thesis is based on the practice of this pioneering maritime entrusting mediation mechanism.After exploring the history of this commission,thesis shares an objective analysis on the current status and issues in the operation of the mechanism.Moreover,two different models of entrusting mediation are studied in this thesis,respectively represented by Japan and America.In summary of the experience of these two models,instructive suggestions are given for the improvement and development of China's maritime entrusting mediation mechanism.