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Zhang Quanxu,bet365 app2020 Master of Laws (Law) Graduate Student。

Abstract:In the context of "contradictions between people and cases"，Frequent conflicts affect the construction of the business environment，Judicial resources cannot be allocated reasonably，This prevents the judiciary from fully playing its role in optimizing the business environment。Diversified dispute resolution mechanisms can not only reduce corporate dispute resolution costs、Improve the efficiency of dispute resolution，It can also optimize the allocation of judicial resources so that the role of judicial protection can be fully exerted。The current diversified dispute resolution mechanism still faces many challenges，But we should also see useful attempts in judicial practice，And respond to challenges with a positive attitude。

Keywords:Business environment, diversified dispute resolution mechanism, judicial protection

Preface

The word business environment，Originally originated from the annual "Doing Business Report" released by the World Bank，Extended from the term "investment environment"。The report defines the business environment as when an enterprise applies to open、Production and Operation、Trading activities、Tax payment、The total time, cost and other conditions required to comply with policies and regulations in terms of closing and executing contracts。my country began to implement the "Regulations on Optimizing the Business Environment" (hereinafter referred to as the "Regulations") on January 1, 2020，Article 2 of the "Regulations" stipulates，Business environment refers to the institutional factors and conditions involved in market economic activities of enterprises and other market entities。The business environment is often called the "soft environment" as opposed to the physical environment of the "hard environment"，Mainly refers to policies、Institutional and legal environment。Diversified dispute resolution mechanism，As a dispute resolution mechanism promoted by the state in recent years，Refers to in a society，By various properties、Function and form dispute resolution，Coordinate and complement each other，Co-constructed dispute resolution and social governance system。Diversified dispute resolution mechanism，As a dispute resolution mechanism，Its reform and Bet365 app downloadimprovement are important elements in promoting the modernization of the national governance system and governance capabilities，It is also a mechanical factor that affects the economic activities of market entities。Therefore，In the context of optimizing the business environment，What role does the diversified dispute resolution mechanism play in optimizing the business environment and what challenges does it face，It is a question worth thinking and studying。

一、The positive effect of diversified dispute resolution mechanisms on business operations

(1) Reduce enterprise dispute resolution costs

Diversified dispute resolution mechanism，Can provide enterprises with more choices。Although litigation is the most authoritative way to safeguard rights，But litigation is also a process of discounting rights，High litigation costs may become a drag on company operations for small businesses。Then under the diversified dispute resolution mechanism，Other low-cost and short-term dispute resolution methods，becomes a better choice。

(2) Improving the efficiency of corporate dispute resolution

The contradiction between many cases and few cases has become a common phenomenon in judicial practice。The most prominent problem caused by the contradiction between too many cases and too few is the long trial time of the case。On the one hand, compared with other dispute resolution methods，It generally takes longer to resolve disputes through litigation。On the other hand，Although the trial period is legal，However, in practice, disguised delays may occur。The so-called increase in case handling time in disguise，Refers to in practice，The investigators are under great pressure from handling the case，Even simple cases will reach the end of the trial period。Building a diversified dispute resolution mechanism，It is to give full play to the respective advantages of different dispute resolution methods，Enables simple cases to be resolved faster，More judicial resources come into play on more complex cases，Let case handlers spend more energy on complex disputes。Look at it this way，Not only simple disputes can be resolved faster，Complex disputes can also be handled more efficiently。

(3) It is conducive to the role of judicial protection in corporate operations

Complete and mature diversified dispute resolution mechanism，Not only can it reduce the cost of resolving disputes for enterprises、Improving the efficiency of dispute resolution，It is also conducive to optimizing the allocation of judicial resources，Allocate more judicial resources to complex cases，Improve the quality and efficiency of trials，Provide better judicial services for the resolution of difficult corporate disputes，Better realize the judicial guarantee role in the construction of business environment。

2. Challenges faced by the current diversified dispute resolution mechanism

bet365 Play online gamesOur country’s economy is currently in a period of transformation，Conflicts often occur，Civil and commercial disputes are becoming more frequent，“There are too many cases but too few cases” has become a prominent problem。In this context，Play the role of diversified dispute resolution mechanisms，Improve your ability to resolve disputes，Promote the rational allocation of judicial resources，Promote the construction of an optimized business environment，We also face the following challenges。

First，The mediation system is immature。From an overall perspective，The development of various dispute resolution mechanisms in our country is uneven，Among them, litigation and arbitration are developing rapidly，And mediation develops slowly。Although，In recent years, some policies and reform plans to promote mediation have been introduced，But the entire mediation system still has a lot of room for improvement。From a normative perspective，Lack of specialized commercial mediation laws，There are no unified legal provisions on mediation for various types of disputes，Provisions for various types of mediation are scattered throughout the various codes。From the perspective of the subject of mediation，my country Association Mediation、For-profit agency mediation、Lawyer mediation is in its infancy，There is still a certain gap compared with outside the region。

Secondly，Lack of connection between various dispute resolution methods，Insufficient synergy of the diversified commercial dispute resolution mechanism。For example, mediation lacks coercive force，Unable to guarantee the effectiveness and execution of the mediation agreement on its own，The execution of the mediation agreement still requires the use of judicial power，Enforceability can only be achieved through judicial confirmation procedures，But，A mediation agreement that can enter the judicial confirmation process needs to meet certain conditions，Whether the conditions can be met requires further review by the court，There may be situations in which judicial confirmation cannot be made during this process。In case mediation fails，The subject of the dispute needs to resolve the dispute through other methods or conduct mediation again under the guidance of judicial staff，But the cost invested before was paid in vain，The convenience pursued by mediation at this time、Efficient、The goal of low cost cannot be achieved。

Finally，Insufficient professionalization of the commercial diversified dispute resolution mechanism。Insufficient professionalization of mediation，Best reflected in finance and other special bet365 live online casinoindustries。Although there are many relevant mediation organizations and mediators，But professional quality varies，There is still a gap between the degree of specialization and actual needs。

三、Prospects for multiple dispute resolution mechanisms based on optimizing the business environment

Diversified dispute resolution mechanisms play a positive role in optimizing the business environment，But we face challenges and problems in practice。Facing existing problems and deficiencies，In practice, the court has made useful attempts。

First，The lack of legal regulations on the mediation system，Relevant legislative work needs to be followed up，But before that，The judiciary also played a leading role，Attempted the "special invitation mediation" system，Carry out the pilot project of “pre-litigation mediation”。These attempts have all beneficially promoted the mature development of our country’s mediation system，Laid the foundation for future system improvement。

Secondly，Strengthen the in-depth integration of information technology scientific and technological achievements with judicial work，Establish a one-stop diversified dispute resolution platform，Strengthen the connection between different dispute resolution methods，Resolving the problem of insufficient combined force。Justice Zhou Qiang wrote in the article，“The People’s Court should regard the reform of the judicial system and the construction of smart courts as the two wheels of the vehicle to promote the high-quality development of the courts、The wings of a bird。”A specific example is Hangzhou、The "shared court" model explored by Lishui District Court，One-stop service from mediation to litigation，Judicial staff guide mediation work，Promote efficient resolution of disputes and conflicts。There are also financial cases in Weihai District Court，Implement cross-regional centralized jurisdiction over financial cases，Avoided repeated court hearings、The problem of wasting judicial resources in multiple lawsuits。At the same time, in this mode, the court will incorporate specially invited mediators into the financial trial team and，Financial Dispute Resolution Center of Lianhe City Financial Consumer Rights Protection Association，Establish a litigation and mediation docking mechanism，Carry out dispute resolution work。Both models embody the combination of multiple dispute resolution methods，The first judicial guidance mediation work，Improve the professionalization of mediation work；Second type，Relying on the court’s financial trial team，Carry out diversified dispute resolution work。

Finally，Bare methods are not enough，No matter how good the system is, it still needs people to implement it。Regarding Bet365 Pokerthe lack of professionalism of mediators，Some local courts have also made attempts，For example, rehiring a retired judge as a mediator。The author thinks，In the long run, personnel training should be strengthened，You can try to carry out the qualification examination for commercial mediators to strengthen professional construction。In addition，Legal education can also carry out practical courses related to dispute resolution，Strengthen applied legal education，Improve overall quality。

Reference:

[1]Hu Xiaoxia: "On the Judicial Plan for a Legal Business Environment"，Published in "Chinese Applied Law" Issue 6, 2021。

[2] Fan Yu: "Diversified Dispute Resolution Mechanisms and the Construction of a Harmonious Society"，Economic Science Press 2011 Edition，Page 35。

[3]Li Shaoping、Hu Shihao、Wang Huiwei: "Understanding and Application of the Supreme People's Court's Opinions on the Reform of the Diversified Dispute Resolution Mechanism and the Special Invited Mediation Provisions"，People's Court Press 2017 Edition，Page 1。

[4] Hu Shihao: "Pluralistic Co-governance Dispute Resolution Mechanism with Chinese Characteristics and Its Application in Commercial Mediation"，Published in "Applicable Laws" Issue 19, 2019。

[5] Zhou Qiang: "Promoting the Construction of a One-stop Diversified Dispute Resolution Mechanism with Chinese Characteristics"，Published in "People's Daily", Page 6, March 3, 2022。

This article is a selection of outstanding articles in the second issue of the "Fayuan Argument" essay competition，Due to space limitation，Comments omitted，Presented as reference，Please see [Attachment] for the original text。The content of the article represents only the author’s personal views，For all readers to read and review。

Text/Zhang Quanxu

Proofreading/Li Zilin