英文摘要 |
This article chooses to proceed from the concept of law and economics, highlighting the resolution of commercial disputes under the view of benefit, giving priority to returning commercial disputes to commercial issues, and guiding them with “mini-trial” procedures, which may improve efficiency and maximize the benefits of multiple parties. Furthermore, in view of the broad development space of commercial arbitration in China and some commonalities with “mini-trial”, it is different from the formal and efficient procedures of negotiation and mediation. Opportunity for the innovation of non-litigation dispute resolution mechanism in which private ADR and quasi-judicial ADR coordinate with each other. Therefore, based on the existing multiple dispute resolution models in China, we propose to adopt the externalized composite procedure of “mini-trial + commercial arbitration” based on commercial arbitration institutions, so as to provide a new idea of commercial dispute resolution with Chinese development characteristics. |