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A systematic study on the problems related to the dispute settlement mechanism of "Belt and Road" Improving the construction level of "Belt and Road"

From: People's Court Daily         Updated: 2017-10-30   

Liu Guixiang said at a round-table discussion on the Construction of the "Belt and Road" Dispute Settlement Mechanism.

A systematic study on the problems related to the dispute settlement mechanism of "Belt and Road"

Improving the construction level of "Belt and Road"


On the morning of October 24, the round-table discussion on the construction of the "Belt and Road" dispute settlement mechanism opened in Xi'an. Liu Guixiang, Member of the Supreme People’s Court Judicial Committee, attended the meeting and delivered a speech. He said that the practical and legal circles should work together to strengthen research, systematically discuss issues related to the "Belt and Road" dispute settlement mechanism, and conscientiously raise the level of service and protection of the "Belt and Road" construction.


Liu Guixiang pointed out that over the past four years, the co-construction of "Belt and Road" has gradually changed from initiative to action, from concept to practice, and has achieved fruitful results. The Supreme People’s Court plays an active role in the judicial function, and continues to promote and deepen the construction of "Belt and Road". The first is to study and formulate judicial policy, and make an overall deployment of the basic tasks, work requirements, mechanism guarantee and so on, which are based on the trial function to promote the construction of "Belt and Road". Second, the introduction of a number of judicial interpretations and normative documents to meet the needs of the "Belt and Road" construction of domestic and foreign market subjects in a timely manner, to provide a sound and sound judicial guarantee for the construction of "Belt and Road" connectivity. The third is to promote the foreign commercial and maritime fine products strategy and strengthen the guidance of major cases, which can enhance the international credibility of China's judiciary. Fourth, to establish and improve the dispute settlement mechanism of "Belt and Road", to promote the internationalization development of diversified dispute resolution mechanism, to obviously enhance the efficiency of international judicial assistance, to strengthen international judicial cooperation and exchange and to promote the establishment of a platform for the identification of foreign law.


Liu Guixiang stressed: this year marks the 30th anniversary of China's accession to the Hague Conference on Private International Law and the 30th anniversary of the entry into force of the New York Convention for China. The Chinese Government recently signed the Hague Convention on the Agreement on the Choice of Courts. It shows that China will promote international judicial assistance with a more open and inclusive attitude. To construct a fair, efficient and convenient dispute settlement mechanism of "Belt and Road" requires not only the strengthening of cooperation between China and "Belt and Road" participating countries, but also the practical cooperation between theoretical and practical circles. First, we should stick to the problem orientation and consolidate the theoretical basis of "Belt and Road" dispute settlement mechanism. We will step up research on major fundamental theoretical issues worthy of study and hot and difficult problems that need to be solved in practice, give full play to the functions of think tanks, transform results in a timely manner, and assist in national decision-making. Second, we should seize the opportunity to promote the construction of "Belt and Road" dispute settlement mechanism as soon as possible. On the one hand, the people's court must continue to carry out the strategy of foreign commercial and maritime fine goods, try every Belt and Road construction case fairly and efficiently, and provide timely and effective judicial relief for the Chinese and foreign market subjects. On the other hand, it is necessary to innovate and construct a "trinity" dispute resolution mechanism, which is connected by mediation, arbitration and litigation, and focus on providing fair, efficient and low-cost legal services for the construction of "Belt and Road". Third, international judicial cooperation and the formulation of international rules should be strengthened to promote the coordination and integration of cross-border dispute resolution mechanisms.


Du Hangwei, member of the Standing Committee of the Shanxi Provincial CPC Committee, Secretary of the Judicial and Law Enforcement Committee of the Provincial CPC Committee, and Vice Governor of the Shanxi’s Provincial People's Government, attended the meeting, as well as experts and scholars from the Ministry of Commerce, the CCPIT, and relevant academic and practical departments.


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*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.