Analysis Of The Connection Mechanism Of Dispute Settlement In Chinese Free Trade Zone

China's free trade zone,in nature,is more similar to the free trade zone in international law.It refers to a specific area within China designated by the government,which adopts relevant preferential policies and special regulatory measures for all kinds of goods entering from abroad.The establishment of free trade zone not only brings a new round of economic growth for the whole country,but also brings the emergence of dispute settlement problems.There are many deficiencies in the existing dispute resolution methods,such as the excessive use of litigation methods resulting in the waste of judicial resources,the emphasis on arbitration in non-litigation and the neglect of mediation,and the convergence of litigation and non-litigation methods.Therefore,relevant research should discuss these problems and explore the corresponding legal support and legal countermeasures.The connection mechanism of dispute settlement in the free trade zone is to connect various dispute settlement methods through certain system design,so as to make the dispute settlement methods develop in a more diversified direction and promote the steady operation of the free trade zone.The first is to integrate the existing dispute settlement methods on the basis of the existing research,explore how to establish a dispute settlement convergence mechanism in China's free trade zone,link up various dispute settlement methods through a certain system,and carry out institutional innovation of the dispute settlement mechanism in the free trade zone.Secondly,based on the current situation that international disputes generally prefer arbitration to solve disputes,we should explore the dispute prevention mechanism,improve the complaint coordination mechanism and expand the use of ADR to avoid the expansion of FTZ disputes and promote the diversification of FTZ dispute settlement methods.We should promote the dispute settlement with Chinese characteristics,and establish a dispute settlement convergence mechanism more suitable for China's national conditions,and realize the improvement and development of the dispute settlement mechanism in the free trade zone.The research on the convergence mechanism of dispute settlement in FTZs is not only conducive to promoting the coordinated operation of various dispute settlement methods in FTZs,but also of great significance to the establishment and improvement of China's FTZs legal system and the efficient and steady operation of FTZs.This paper is divided into five parts:The first part is an overview of the dispute settlement mechanism of China's free trade zone,from two aspects: the types and nature of the disputes in the free trade zone,and the dispute settlement methods in the free trade zone.The disputes of the free trade zone include not only the ordinary civil and commercial disputes within the original scope of the region,but also the economic and trade relations disputes related to the nature of the free trade zone.The economic and trade relations disputes can be divided according to the nature of the transaction,and there are different dispute settlement methods for different disputes.In this part,by analyzing the dispute types and dispute settlement methods of the free trade zone,we can get the status quo of the dispute settlement mechanism of the free trade zone.The second part mainly discusses the legal problems faced by the research on the connection mechanism of dispute settlement in the free trade zone.The first is the connection of dispute settlement mechanism,which mainly analyzes the concrete embodiment of the connection between litigation and non-litigation dispute settlement.The second is the short board of domestic arbitration,which discusses the western discourse system of arbitration and the openness of domestic arbitration service.Third,the legislation of alternative dispute settlement mechanism is not perfect,and the current situation of non-litigation settlement is analyzed.From the above three aspects to discuss,and then analyze the problems faced by the research.The third part discusses the experience that FTA can learn from,starting from the "cross strait insurance agreement",ICSID dispute settlement mechanism and Singapore Free Trade Zone Act,thinking about the content that FTA can learn from.The uniqueness of China's free trade zone itself makes it less direct experience to draw lessons from.The non-litigation settlement in the insurance agreement and the institutional setting in the NAFTA dispute settlement mechanism have important reference significance for the dispute settlement of the free trade zone.The fourth part mainly discusses the connection of pre procedure of dispute settlement in FTZ.This paper discusses from two aspects,by improving the complaint coordination mechanism and expanding the mediation function to set up the pre procedure of dispute settlement,to seek the specific methods to put the dispute settlement in the pre litigation stage,and to reduce the litigation pressure of dispute settlement.The fifth part focuses on the innovation and breakthrough of the convergence mechanism of dispute settlement in the free trade zone.This paper discusses the establishment of the multiple dispute settlement center and its division of labor and organizational structure in the free trade zone,improves the convergence of various dispute settlement methods,and explores how to promote the steady operation and rapid development of the dispute settlement convergence mechanism in the free trade zone.