On Modernization of the Diversified Resolution Mechanism for Civil and Commercial Disputes in China

Abstract

The report to the 20th National Congress of the Communist Party of China put forward a scientific and systematic theory of the Chinese path to modernization, in which the modernization of the rule of law is both an integral part and a strong guarantee. Building a modern socialist country in all respects under the rule of law requires attention to the settlement of civil and commercial disputes. The separation of civil society and the political state, along with their mutual influence, has led to the development of diverse dispute-resolution mechanisms. Globalization has further accelerated their development and transformation. In face of the adjustments to the dispute resolution system amid the unprecedented changes of the century, China should complete the top-level design of the diversified settlement of civil and commercial disputes by deploying legislative and judicial resources to enhance the leading role of litigation in resolving these disputes. At the same time, China should continue to prioritize alternative dispute resolution mechanisms, improve the credibility of arbitration, and leverage the aggregating power of mediation, so as to serve the construction of the Chinese path to modernization.

Keywords

Chinese path to modernization / modernization of the rule of law / diversified dispute resolution / high-standard opening-up

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2024 Higher Education Press