"Fengqiao Model" and the Structural Changes of Dispute Resolution Mechanisms in China

As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.The 60-year development of the"Fengqiao Model"has always focused on the overall design of the dispute resolution system,which provides a foundation and plenty of materials for understanding these structural relationships.Combined with the development of social theory,this paper summarizes a general structural theory of dispute resolution mechanisms based on the"Fengqiao Model."This theory advocates that the structure of dispute resolution mechanisms is the outcome of the integration of state intervention,social self-regulatory,and their interactions with various dispute resolution mechanisms.It can be used to explain the formation and change of the dispute resolution system in China,the structural strain in recent years,the overall plan of structural adjustment since 2012,and the next strategic core of profound adjustment.It also can be used to explain why the"Fengqiao Model"is so persistent and widely applicable,and how the"Fengqiao Model"be converted from a local model to an overall requirement,showing the great meaning of adhering to and developing the"Fengqiao Model'at present.

Adjustment and Reorganization of the Diversified Dispute Resolution from the Perspective of State Governance

The diversified dispute resolution(DDR)in China is different from the alternative dispute resolution(ADR)in Western countries with respect to its fundamental cause and political,economic,social,and cultural backgrounds.To better understand the DDR,the academic community shall go beyond the superficial feature of"distributing the burden of litigation"of the ADR in Western countries and consider it as the basic institutional arrangement and regular governance practice of state governance.Furthermore,we can adjust and reorganize the DDR based on such understanding.Specificaly,after understanding the general features of dispute resolution forms,we should mobilize,aggregate,integrate,and use the dispute resolution resources in a society to improve and expand non-litigation dispute resolution forms and increase the overall supply of dispute resolution resources.Understanding the real features of disputes in China and its specific demands for dispute resolution.guide or regulate the choice of dispute resolution foms for the parties to a dispute through reasonable system design,so that the dispute resolution demands and dispute resolution forms can be matched.In particular,the Communist Party of China(CPC)and Chinese governments should play the leading and organizing role in the DDR,to comprehensively improve the effectiveness of the"Pluralistic-Unity-Style"dispute resolution.

The Dual Aspects of Administrative Reconsideration System from the Perspective of a Diversified Dispute Resolution Mechanism

The proposition of a diversified dispute resolution mechanism is mainly to realize the reasonable diversion of cases and promote the substantive resolution of disputes.Under this framework,all dispute resolution mechanisms must strictly follow the basic judicial principles and norms and abide by the bottom line of justice in the subjects and procedure of"dispute resolution"in order to gain the trust of the concerned parties.It is necessary to fully activate and give full play to their own characteristics and advantages and carry out the equal and orderly competition in the"diversified mechanism"to ensure that the concerned parties'right of free choice can be substantially expanded.As one of the components of the"diversified dispute resolution mechanism,"the administrative reconsideration system should have the dual aspects of judicialization and administerization.The two aspects are not in a diametric opposition or tradeoff relation,but rather,they merely differ in observation perspectives,zone of action and specific direction to such an extent without compromising their coexistence and reciprocal promotion.Only by the judicalization and administerization of the administrative reconsideration system can we get it out of the current dilemma and gradually turn it into the main channel to solve administrative disputes.

Benefits for the bunker industry in adopting blockchain technology for dispute resolution

he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the International Maritime Organization 2020.The aim of this work is to illustrate how blockchain technology may be adopted for aiding in bunker dispute resolution.To demonstrate how blockchain may aid in disputes within the bunker industry,this paper first examines the existing bunker supply process,which involves the formation of contracts under English law,the Bunker Delivery Notes,the different types of disputes that may arise during a bunker transaction and the methods of dispute resolution utilised by the industry.Furthermore,the current literature in relation to blockchain technology and blockchain smart contracts is examined.Finally,interviews and surveys within the industry have been conducted to identify the benefits and challenges in adopting blockchain technology.The research found that blockchains may benefit the bunker supply chain offering the effective resolution of bunker quality disputes.Furthermore,blockchains may also serve as a verification tool for electronic bunker delivery notes,which may aid quality and quantity bunker disputes as well as compliance with the new International Maritime Organisation 2020 requirements.As a result,despite the research having shown blockchain to be situationally dependent and having an element of legal uncertainty,blockchain does offer a solution to aid in bunker disputes and for improving the trust and credibility within the bunker industry.

Lawyers in Social Dispute Resolution: How They Work and How to Prevent Their Negative Impact

Lawyers＇ participation in political life marks the maturity of a country＇s rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes beyond their role in dealing with individual cases. The legal profession functions in a variety of ways： participating in legislation and promoting legal progress; assuming responsibilities in government departments; influencing the formulation and implementation of just policies; acting as a bridge between the government and the public; responding to the claims of different interest groups; etc. At the same time, the legal profession has some negative impacts on the rule of law, as evidenced in the infiltration of commercialism into the profession, giving absolute priority to clients＇ interests, and excessive litigation. To keep these downsides under control, we need a legal culture and institutional basis that are a good fit with the rule of law. It is also necessary to update traditional mindsets, adopt rights-based standards, uphold the supremacy of the law, and promote the formation of a legal community.

The Case for Alternate Dispute Resolution in Singapore

In the case of legal disputes,litigation can be costly,confrontational,and take years to complete.Today more than ever,businesses are more likely to operate on a global scale,and are increasingly partial to alternative dispute resolution(ADR)processes.ADR can result in quicker,non-adversarial outcomes that are enforceable in multiple jurisdictions.The use of ADR has been on the rise,particularly in Asia,with its maturing markets and growing sophistication of businesses.

Small Claims Court in Environmental Disputes Resolution to Support the Realization of Sustainable Development

An appropriate business dispute resolution will ensure that the parties involved would not have to spend too much time and cost to resolve their case. There are two ways to resolve business disputes, through litigation and non-litigation process. The non-litigation process mainly depends upon the agreement of the parties involved and does not have a formally binding force upon them. Although the non-litigation process is more preferred in resolving business disputes, sometimes it does not completely resolve the issue. A specific business dispute resolution procedure such as the mechanism of small claims court （an informal court） is required. The objectives of the small claims court are to settle cases in prompt and cost-effective manner, and to avoid lengthy and complex formal legal procedures. Although it is still a part of the litigation process, the small claims court applies simplified procedures that are different from those of conventional civil cases. Nonetheless, the judgment of the small claims court has the same legally binding force as that of general court. The small claims court is situated in the District Court, but the examination of cases is different from general procedures and until now the mechanism has not been widely known in Indonesia.

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

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.

The Implementation of the Global Minimum Tax(GloBE):The Need for an Effective Dispute Prevention and Resolution Mechanism

The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the development of a dispute prevention and resolution framework for the GloBE rules faces significant challenges.This article offers two possible options for an effective dispute prevention and resolution mechanism:a model based on reciprocal domestic legislations and the multilateral convention model.

人工智能在外空争端解决中的应用

Space exploration and utilization have surged in recent years,with the increasing interest of private space farers,in space tourism and business.This surge in space activities leads to a mounted concern for space disputes between these actors,denoting devoir for an effective,efficient,adequate and swift dispute resolution framework.This paper presents a comprehensive analysis of the existing legal framework for outer space dispute resolution,the need for an effective,efficient and swift dispute resolution framework.Further this paper proposes an artificial intelligence(AI)forum for an outer space dispute resolution legal framework under the umbrella of the UNCOPUOS.

Social Science Tools for Natural Resource Managers

Over the past several decades natural resource issues have become highly controversial, even playing out on the national or international stage. While natural resource science has advanced, the controversy has not gone away. If anything, it has gotten worse. The reality is that natural resource managers need to be as skilled at addressing public concerns as they are with resource science. Fortunately, over the same period the social sciences have produced useful tools that can aid natural resource managers. But resource managers need to know about these tools and be trained in their use. The purpose of this article is to provide an introduction to some of the social science tools or approaches that have proven to reduce political conflict over resource issues. When beginning a major project, resource managers can review this list to see which of these approaches might prevent or mitigate controversy. References are provided for each tool as a starting place for further exploration.

E-commerce development in rural and remote areas of BRICS countries

E-commerce plays an essential role in modern trade today.It is expected that e-commerce volume amounted to 29 trillion USD in the world in 2017,and would grow with the spread of the Internet and information and communication technologies(ICTs).Brazil,Russia,India,China and South Africa(BRICS),together with many others,consider e-commerce a means to facilitate rapid,inclusive and sustainable economic growth,improving the living standards and alleviating poverty.This article examines areas for potential cooperation by BRICS countries in e-commerce development across rural and remote areas to fight poverty.It analyses the current state of e-commerce development in rural and remote areas in each of the BRICS countries,including cases of public and private initiatives to support it.The article also defines the opportunities which e-commerce brings to people living in rural and remote areas.Moreover,it evaluates the existing challenges and risks.The article concludes that despite the rapid e-commerce development in BRICS countries,and significant opportunities created,there are still issues of disproportionate e-commerce in varied regions and the lack of BRICS cooperation in this sphere.Based on a comparative and normative in-depth,systematic analysis,the article develops a set of recommendations for deepening BRICS countries'cooperation in the following areas:infrastructure in rural and remote regions;education;consumer protection;online dispute resolution;coordinated policy in the international scene,including representation of BRICS countries in international indexes,such as the Organization of Economic Co-operation and Development(OECD)Digital Services Trade Restrictiveness Index(STRI).

Community Mediation in Malaysia： A Comparison Between Rukun Tetangga and Community Mediation in Singapore

Malaysia is a multicultural, multireligious, and multiethnic country that is located in Southeast Asia. The social background of Malaysia as a multicultural state calls for the adoption of an alternative method to resolve community dispute which would offer solution and simultaneously promote harmonization in the society. Community mediation may be one of such alternative, if not the best method for interethnic relations. The government of Malaysia has introduced community mediation in Malaysia by providing training for community mediators through a pilot program, known as Rukun Tetangga （Peaceful Neighbor）. The purpose of this program is to promote unity among the multi-races and multiethnic citizens. This paper will refer to the current practice of community mediation in Malaysia as provided by the National Unity Department in Peninsula Malaysia and the practice of community mediation in Singapore. It is hoped that by comparing the practices in both countries, suggestions and recommendations could be made to improve the practice of community mediation in Malaysia.

Legal System of ODR for CBEC Among the B&R Countries

As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC.

Dutch Transfer Pricing Court Case on Business Restructuring:Preventing Transfer Pricing Disputes by Getting Certainty in Advance

This article summarizes a Dutch court case regarding a business restructuring within a multinational enterprise,where the valuation of the transferred business activities was not confirmed by the tax authorities in advance.As a result of the lack of certainty beforehand,the taxpayer experienced a significant tax correction.According to the author’s perspective,this situation could have been prevented by seeking certainty in advance.

The Resolution of Social Contradictions and Attainment of Societal Governance through the Justice System at the Present Stage——Using the Analytical Framework of Rational Choice Theory

The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal justice. Justice is a crucial factor in effective linkages between social governance and the path to the rule of law, and the attainment of good social governance through justice is a basic marker of a rule of law society. Using the rational choice framework to examine representative individual cases, we can see that theories of participatory governance, self-governance and polycentric governance provide an approach to the interpretation of extreme social contradictions and the reduction of social conflicts, thus constituting a theoretical support and guiding direction for the reform of the judicial system. This will enable us to create a dispute resolution mechanism consistent with the concept of societal governance and judicial principles.

Raising Tax Certainty in Cross-Border Tax Disputes Through a Body of Experts

In this article,we draw attention to raising tax certainty in cross-border tax disputes through a body of experts(BoE).Establishing and developing of a BoE on a non-legally binding basis to help prevent and resolve cross-border tax disputes aims to facilitate harmony in the dynamically evolving international tax environment.This,hopefully,elevates Confucius’everyday wisdom of“harmony is precious”to the global tax arena.

Can Tax Cooperation“Show”the Way into the Future of Sound and Steady Development?

Tax cooperation is a foundation for tax certainty thereby contributing to an investment climate that fosters sustainable economic growth.To make tax cooperation effective,a platform for jurisdictions to exchange thoughts and align ap-proaches is needed.The BRITACOM has established itself as such a relevant platform for its members and already achieved many great results,e.g.when it comes to ca-pacity building via the establishment of the BRITACEG and its Curriculum.But there are many more opportunities,one of which could be the establishment of a joint dispute resolution body.