"Investor Protection-Rules, Risk Knowledge"

-- "Introduction to Securities Dispute Mediation Knowledge-Overview of Dispute Resolution Mechanisms"

Due to the differences of interest, value, interest orientation and other factors, people will inevitably have disputes in social life. Dispute is the externalization of social contradictions and runs through the whole process of human society. The dispute resolution mechanism is an organic system composed of the ways, rules and procedures by which the parties to the dispute resolve the dispute.

Classification and Characteristics of 1. Dispute Resolution Mechanism

Common dispute resolution mechanisms include reconciliation, mediation, arbitration, administrative adjudication, litigation and other forms. Dispute resolution mechanisms can be divided according to different criteria:

1. Litigation and non-litigation dispute resolution mechanisms

According to whether the settlement mechanism is resolved through the people's court proceedings, the dispute resolution mechanism can be divided into litigation and non-litigation dispute resolution mechanisms. Litigation is the highest degree of social recognition, and the public generally choose to resolve disputes. Litigation has the characteristics of finality, authority and universal application of the ruling, and is currently the main way for the public to resolve disputes in our country. Reconciliation, mediation, arbitration and administrative adjudication are non-litigation dispute resolution mechanisms.

2, consensuous, decisive and mixed dispute resolution mechanisms.

According to whether the dispute resolution mechanism allows the autonomy of the parties, the dispute resolution mechanism can be divided into consensual, decisive and mixed dispute resolution mechanisms. The initiation, process and result of the consensual dispute resolution mechanism are all influenced by the will of the parties, and the form is relatively flexible. Mediation belongs to the consensual dispute resolution mechanism. The process of the decisive dispute resolution mechanism is mostly not controlled by the parties to the dispute. The initiation and operation of the procedure are relatively fixed and controlled by the national mechanism. Litigation belongs to the decisive dispute resolution mechanism. Mixed dispute resolution mechanism has both characteristics, arbitration is a hybrid dispute resolution mechanism, the initiation of arbitration, the application of rules, the choice of arbitrators, etc. are consensual, but the outcome of the arbitration is decisive.

3, private dispute resolution mechanism and public dispute resolution mechanism.

According to the different nature of the dominant subject of the dispute resolution mechanism, the dispute resolution mechanism can be divided into private dispute resolution mechanism and public dispute resolution mechanism. The leading party of reconciliation and mediation is the parties to the dispute or the social autonomous institution, which belongs to the private dispute resolution mechanism; the leading party of litigation is the national judicial organ, which belongs to the public dispute resolution mechanism.

2. Diversified Dispute Resolution Mechanism and Its Choice

Building a diversified dispute resolution mechanism is an inherent requirement of a society ruled by law. Different dispute resolution methods coexist harmoniously with their specific functions and modes of operation, complement each other's advantages, and jointly meet the diversified needs of social subjects.

Different stages of disputes adapt to different settlement mechanisms. In the early stage of disputes, the degree of contradiction between the parties to the dispute is not high, and the parties are more inclined to resolve the dispute through reconciliation, mediation and other consensual dispute resolution methods, so as to maintain the normal social or commercial relationship between the parties.

2, the relationship between the parties to the dispute of the close procedures of different applicable to different settlement mechanisms. The closer the relationship between the parties to the dispute and the need to maintain a long-term cooperative relationship, the more the parties to the dispute tend to resolve the dispute through relatively soft and consensual dispute resolution methods such as reconciliation and mediation.

Different social environments apply different dispute resolution mechanisms.

The higher the social commercialization process, the higher the degree of social autonomy, the greater the freedom of choice of public dispute resolution mechanism, and the wider the application of consensuous dispute resolution mechanism.

China Securities Association securities dispute industry mediation is a non-litigation, consensual, private dispute resolution mechanism, with flexible, professional, efficient, confidential and other characteristics. The securities market is one of the most market-oriented markets in China, and the parties to securities disputes are closely related and need continuous cooperation. Resolving securities disputes through the securities dispute industry mediation mechanism led by the China Securities Industry Association is an important way to resolve conflicts and disputes efficiently, economically and peacefully.