نوع مقاله : مقاله پژوهشی
نویسندگان
گروه حقوق بین الملل، دانشکده حقوق، دانشگاه تربیت مدرس، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
China, the world's second-largest economy and the primary trading partner for many countries in our region, including Iran, has maintained its relations with these nations despite various fluctuations. Given the significant role of legal considerations in shaping these relations, it is crucial to comprehend the Chinese approach to law, which governs interpersonal and international interactions. This study addresses the necessity of understanding China's approach to arbitration and mediation, the most prevalent methods of dispute resolution. Utilizing a descriptive-analytical methodology and library resources, this research examines the Chinese perspective on arbitration and mediation. The findings reveal that arbitration in the Chinese legal system, influenced by its historical and cultural context, differs from conventional arbitration in Western legal systems; it is characterized by an administrative nature and a top-down process rather than being based on the principle of Party Autonomy. Moreover, there is a pronounced preference for mediation over arbitration, with mediation playing a fundamental role in dispute resolution within China. This preference extends to international legal frameworks, where China favors mediation as a primary method of resolving disputes.
کلیدواژهها [English]
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