韩国媒体仲裁制度的发展历程、特点及启示

Korean Media Arbitration System:Development,Features and Insights

韩国在立法领域更为重视仲裁和调解等非诉讼解决机制,建立了比较完善的调解和仲裁制度。韩国媒体仲裁制度就是很有特色的非诉讼解决机制,为世界各国通过非诉讼途径解决媒体纠纷提供了新的思路。虽然在韩国政治生态环境下媒体仲裁制度实施效果不尽如人意,但它对我国构建非诉讼纠纷解决机制仍具有现实的借鉴意义。

Korea has been deeply influenced by Chinese Confucianism and its traditional culture since ancient times.With Confucian ethics at its core,Chinese traditional culture highly praises the concept of"peace as precious"and emphasizes"no litigation"as the highest priority.Hence,Korea has established a comprehensive mediation and arbitration system in its legislation,which places more emphasis on alternative dispute resolution(ADR)mechanisms such as arbitration and mediation.The Korean media arbitration system is a unique ADR mechanism which provides a new concept for countries around the world to resolve media disputes through ADR.Although the implementation of the media arbitration system in the Korean political ecological environment is not as effective as it should be,it still has realistic implications for the construction of alternative dispute resolution mechanisms in China.