上海自贸区多元纠纷解决机制前瞻

Abstract

On the basis of elaborating the basic establishment situation about the Shanghai Pilot Free Trade Zone and Its legal nature in narrow sense. This paper points out that Shanghai Pilot Free Trade Zone is different from the previous reform and opening policies which are characterized by preferential treatment. Shanghai Pilot Free Trade Zone turned to create kinds of policies innovation. The paper will focus on construction and innovation of dispute settlement mechanism in Shanghai Pilot Free Trade Zone, feature of dispute settlement mechanism is geared to international standards as much as possible under the current judicial system. The paper analyzes the main factors affecting the dispute of Shanghai Pilot Free Trade Zone and Its possible types of disputes, proposes that we should establish Shanghai Pilot Free Trade Zone Multiple Dispute Resolution Mechanism, aims at coping with the sharp increase of all kinds of disputes happened in Shanghai Pilot Free Trade Zone, and reducing Its trial pressure. According to the situation of disputes since the establishment of the Shanghai Pilot Free Trade Zone, this paper analyzes the requirement of Shanghai Pilot Free Trade Zone about the dispute resolution mechanism. The paper draw a conclusion: Multiple dispute resolution mechanism in Shanghai Pilot Free Trade Zone should be according to Its features towards to provide legal protection and legal services, this protection and services shall be constantly adjust and perfect with the development of Shanghai Pilot Free Trade Zone. The concrete frame of multiple dispute resolution mechanism in Shanghai Pilot Free Trade Zone include court and the lawsuit procuratorate agencies procuratorial mechanism, commercial disputes arbitration system, Shanghai Pilot Free Trade Zone commercial joint tribunal and Shanghai culture creative industry mechanism of intellectual property legal services platform mediation center system, Shanghai Pilot Free Trade Zone industry association dispute resolution mechanism and multiple dispute resolution mechanism about supporting mechanism in Shanghai Pilot Free Trade Zone.