Ouyang Yan, deputy to the Guangdong Provincial People's Congress: Further promote the mediation work of the Chamber of Commerce

During the two sessions of Guangdong Province in 2022, Ouyang Yan, deputy to the Guangdong Provincial People's Congress and chairman of Guangdong Zhilian Technology Company, suggested that with the in-depth development of the market economy, various economic disputes in society, especially private enterprises, are increasing.

The mediation of the Chamber of Commerce has the characteristics of voluntariness, flexibility and confidentiality, and is more efficient and convenient than litigation, with lower cost, which is more conducive to the realization of "case closure and people", which meets the inherent requirements of the operation of the market economy, and it is recommended to further promote the mediation work of the Chamber of Commerce.

Ouyang Yan, a deputy to the Guangdong Provincial People's Congress. Courtesy of the correspondent

Ouyang Yan introduced that timely and properly resolving economic disputes, promoting the protection of property rights in the private economic field, and facilitating the judicial appeals of private entrepreneurs are an important task in the current rule of law construction.

Previously, the Supreme People's Court and the All-China Federation of Industry and Commerce jointly issued relevant guidance on mediation by chambers of commerce, so that this work can be carried out more professionally and efficiently.

In the context of the active economic and trade exchanges in the Guangdong-Hong Kong-Macao Greater Bay Area, how to resolve commercial disputes efficiently and at low cost is also the key to creating a first-class business environment based on the rule of law.

Ouyang Yan noted that the Guangdong Higher People's Court and the Provincial Department of Justice issued the rules for the mediation of cross-border commercial disputes in the free trade zone, and for the first time hired 60 retired senior judges, lawyers and legal experts to form a specially invited mediator for cross-border commercial disputes in the Guangdong-Hong Kong-Macao Greater Bay Area, effectively promoting the establishment of a diversified dispute resolution mechanism of consultation, co-construction and sharing.

Regarding further promoting the mediation work of the Chamber of Commerce, Ouyang Yan has three suggestions:

First, strengthen business training and guidance. In order to resolve disputes at the root, mediation must be carried out on the basis of the facts of the case, the legal provisions and the possible judgments of the court, so it is particularly crucial to accurately grasp the legal bottom line and explain the law and reason within the framework and track of the rule of law.

It is recommended that courts at all levels increase the training of mediators in mediation organizations, regularly organize mediators to observe court trials, invite senior judges to participate in theoretical lectures and business counseling, improve the level of mediation, and improve the quality and efficiency of mediation.

The second is to improve judicial confirmation work. After the successful mediation, the judicial confirmation work is very important, can provide effective guarantee for the mediation of the Chamber of Commerce, where the parties apply for judicial confirmation, the court shall promptly review and confirm in accordance with the law, it is recommended that the court with the conditionality and the Chamber of Commerce mediation organization in-depth docking to establish an online platform, to achieve online application, online confirmation, to improve work efficiency.

The third is to strengthen the litigation and mediation docking mechanism. It is recommended to promote the organic connection between the mediation organization of the Chamber of Commerce and the court's litigation and mediation, give play to the role of the judiciary in guiding, promoting and guaranteeing the dispute resolution of the Chamber of Commerce, and quickly adjudicate disputes that have been resolved for a long time through the court's expedited adjudication procedures, so as to meet the actual needs of diversified, rapid and effective resolution of disputes of private enterprises, and create a good legal environment for private enterprise innovation and entrepreneurship.