Abstract
The article examines the institute of mediation in the People's Republic of China. The reasons for the widespread mediation procedure in China are outlined. The influence of Confucian ethics and Taoist practice on the mediation procedure in China is analyzed, its constituent elements are determined. The organizational and legal bases of functioning of mediation in the given country are investigated, the legal status of mediators in labor disputes, national conciliation commissions, national mediators is outlined. The main normative legal acts of the People's Republic of China regulating the mediation procedure are analyzed. Types of mediation in China are identified: mediation in labor disputes, public mediation, judicial mediation, administrative mediation, legal mediation, commercial mediation. The peculiarities of the mediation procedure, the defining principles of mediation, the rights and obligations of the parties, the role of the mediator in the dispute resolution procedure are described. The types of judicial mediation and the main ways of interaction of courts with mediation organizations are indicated. The main mediation organizations in China (Mediation Center of the China Council for International Trade Promotion, Hong Kong Mediation and Mediation Center) are considered. The peculiarities of concluding and executing agreements based on the results of mediation, the possibility of approving the agreement by the people's court are studied. The role of the Singapore Convention in the development of the institution of mediation in China is determined. The main online mediation platforms are analyzed, the current number of mediation organizations and mediators in China is determined. Prospective directions of improving the institution of mediation in China are proposed, in particular, reorientation of emphasis during the mediation procedure on the rights and interests of the parties, professionalization of mediation, facilitation of cooperation between courts and mediation organizations, improvement of mediation legislation, further active introduction of modern technologies.
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Schedule a callMore From: International scientific journal "Internauka". Series: "Juridical Sciences"
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