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News | The Sixth Issue of the “Mediator in the Bay Area” Thematic Publicity Campaign “Integration of the Rule of Law in Guangdong, Hong Kong and Macao Greater Bay Area - New Era Practice of Non-litigation Ideology and ADR Mechanism” was Successfully Held

News | The Sixth Issue of the “Mediator in the Bay Area” Thematic Publicity Campaign “Integration of the Rule of Law in Guangdong, Hong Kong and Macao Greater Bay Area - New Era Practice of Non-litigation Ideology and ADR Mechanism” was Successfully Held

  • Categories:News
  • Time of issue:1727247129000

News | The Sixth Issue of the “Mediator in the Bay Area” Thematic Publicity Campaign “Integration of the Rule of Law in Guangdong, Hong Kong and Macao Greater Bay Area - New Era Practice of Non-litigation Ideology and ADR Mechanism” was Successfully Held

  • Categories:News
  • Time of issue:2024-09-25 14:52

On the afternoon of August 28, 2024, the sixth issue of the “Bay Area Mediator” thematic promotional activity was successfully held at the Legend Backyard Center under the guidance of the Shenzhen Municipal Bureau of Justice, sponsored by the Shenzhen Qianhai International Commercial Mediation Center, the Shenzhen Commercial Mediation Association, the Shenzhen Association of Foreign Invested Enterprises, and co-sponsored by the Guangdong Provincial Lawyers' Association, the Shenzhen Municipal Lawyers' Association's Legal Committee on Commercial Mediation, the Beijing De & Heng Law Firm, and the Lenovo Backyard Center. The sixth phase of the “Bay Area Mediator” thematic publicity activity was successfully held in Lenovo Houhai Center, attracting more than 30 participants from leaders of various units, representatives of responsible persons, business representatives, lawyers and other people. Mr. Zeng Fanchen, second grade researcher of the People's Participation and Promotion of the Rule of Law Division of the Shenzhen Municipal Bureau of Justice, Mr. Zhu Zhu, Vice President of the Filing Division of the Shenzhen Intermediate People's Court and Deputy Secretary General of the Board of Directors of the Shenzhen Association of Women Judges, Mr. Wen Guihe, Secretary General of the Qianhai International Commercial Mediation Center, Mr. Pang De, Deputy Secretary General of the Shenzhen Association of Enterprises with Foreign Investment (SZAIEFI), and Mr. Fan Yu, Deputy President and Secretary General of the Shenzhen Foreign Invested Enterprises Association, and Mr. Li Junlin, Director of the Shenzhen Lawyers' Association's Legal Committee of Commercial Mediation Li Junlin, Director of the Commercial Mediation Legal Committee of Shenzhen Lawyers Association, participated in the event.

The event was hosted by Kong Xia, a mediator from the Shenzhen Qianhai International Commercial Mediation Center, who introduced the basic information of the event and promoted the model dispute resolution clause, pointing out that priority is given to resolving conflicts in a peaceful, mutually beneficial and efficient manner through professional mediation organizations, i.e., “mediation is given priority”.

Fan Yu, Vice President and Secretary General of Shenzhen Association of Enterprises with Foreign Investment, emphasized in his speech that private business enterprises have always been highly concerned about and attached importance to the construction of the rule of law environment. As the main body of economic activities, enterprises cannot be separated from the fair, transparent and predictable protection of the rule of law in the process of seeking development. The Association is well aware of this and has therefore established close commercial mediation partnerships with the Arbitration Court and other institutions, committed to providing enterprises with efficient and convenient ways to resolve disputes. As a bridge connecting enterprises with the government and judicial institutions, the Association will, as always, play its typical representative role, actively participate in and promote the improvement of the commercial mediation mechanism, and strive to create a better business environment under the rule of law for enterprises, and help them develop in a healthy, stable and sustainable manner.

Wen Guihe, Secretary General of Shenzhen International Commercial Mediation Center, introduced the basic situation of commercial mediation in Shenzhen, pointing out that commercial mediation has already started and is in the stage of active exploration with the support of all parties, but there are still certain gaps in terms of legislative improvement and popularization of concepts. Based on this, the Mediation Center organized the “Mediator in the Bay Area” thematic promotional activities with the aim of building an exchange platform between mediation organizations, mediators, business associations and commercial subjects, further promoting the concept of “mediation first” and the diversified dispute resolution mechanism, and assisting This will further promote the concept of “mediation first” and the diversified dispute resolution mechanism, and help Shenzhen and the entire Guangdong, Hong Kong and Macao Greater Bay Area to create a more stable, fair, transparent and predictable international first-class business environment under the rule of law.

At the event, Comrade Zeng Fanchen, second grade researcher of the People's Participation and Promotion of the Rule of Law Division of the Municipal Bureau of Justice, presented a commemorative plaque of the cooperative unit to the Shenzhen Association of Enterprises with Foreign Investment.

Zhu Zhu, a third-level senior judge, Vice President of the Cases Division of the Shenzhen Intermediate People's Court, and Deputy Secretary General of the Board of Directors of the Shenzhen Women Judges Association, was invited as the guest speaker to share her insightful views on the topic of “Integration of the Rule of Law in Guangdong, Hong Kong and Macao - New Era Practice of Lawlessness Ideology and ADR Mechanism”.  It was mentioned that the Guangdong-Hong Kong-Macao Greater Bay Area, as one of the world's four major Bay Areas, is committed to building a new pattern of comprehensive opening up under the framework of “one country, two systems”, and has become an important platform for promoting national development. However, the region also faces challenges such as cultural differences, institutional conflicts, uneven development and administrative fragmentation. In order to achieve healthy regional economic development, market integration and improved social governance, the integration of the rule of law is particularly important. In terms of the convergence of cross-border judicial rules, the Guangdong-Hong Kong-Macao Greater Bay Area has made a number of efforts. Despite the progress made in a series of cross-border litigation facilitation initiatives launched by the Shenzhen courts, the current situation is still faced with bottlenecks such as the low level of convergence applied in the Mainland, the high number of unilateral adjustments, and the lack of co-operation between Hong Kong and Macao. Under these conditions, the innovative practice of combining the idea of “litigation-free” under the contractual armed mediation model and the development of the ADR mechanism has attracted wide attention in the rule of law construction in the Guangdong-Hong Kong-Macao Greater Bay Area. Through the guidance of the “no-action” philosophy, social conflicts can be eased and social stability maintained, and at the same time, it also helps to enhance the public's belief in and compliance with the rule of law; the ADR mechanism, with its flexibility, low cost and emphasis on consensualism, provides a new path for the resolution of commercial disputes, which helps to alleviate the pressure on the courts and improve the efficiency and quality of dispute resolution. Quality. The progressive process of integration of the rule of law from non-litigation to litigation stoppage to litigation-free is the process of social governance from the improvement of the mechanism to the governance of the source of litigation to the conscientious compliance with the law, in which the people's heart, the economic integration and the consensus on the rule of law are the indispensable and important factors. The integration of the rule of law in the Guangdong-Hong Kong-Macao Greater Bay Area is a complex and long-term process that requires the concerted efforts of the government, the judiciary, social organizations and business entities.

Finally, during the interactive session, participants raised questions on commercial mediation market-based fees, judicial empowerment, mediator training and other aspects, and had in-depth exchanges and interactions with the guests present.

The success of this event means that the Shenzhen Qianhai International Commercial Mediation Center has taken a solid step forward in promoting the development of commercial mediation mechanism. In the future, the Mediation Center will continue to uphold the spirit of openness, cooperation and innovation, and continue to explore and practice new modes and methods of commercial mediation, so as to contribute to the building of a more harmonious business ecology and rule of law environment.

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