全球治理体系变革视域下的中国国际商事法庭: 功能承载与发展展望

China International Commercial Court in the Context of Global Governance Innovation Functions and Prospects for Development

摘要:

当今世界经贸秩序正经历复杂深刻变化, 有效解决国际商事纠纷已成为各国司法制度改革与国际竞争合作的重要关切, 越来越多的国家通过设置专门化的国际商事法庭参与全球经贸治理。 全球治理体系变革视域下, 国际商事法庭制度的功能定位应着眼于维护国际经贸秩序的回应性目的, 以及形塑国际经贸治理结构的建构性目的, 法庭因此呈现国际化与特色化的样貌。 相较之下, 中国国际商事法庭的既有定位过分偏重回应性目的, 运行制度的国际化程度有待提升, 特色化成分未能充分彰显。 为此, 法庭应立足全球视野, 树立 _“ 双重目的_”, 凸显制度的普惠主义色彩, 致力于加强中国司法智慧的国际表达, 以期为全球经贸治理贡献力量。

Abstract:

The world economic and trade order is currently undergoing complex and profound changes，necessitating a collective response from all countries. In this context，the effective resolution of international commercial disputes has become a crucial aspect of international competition and cooperation. As the top-level design of each country in the world，the International Commercial Court （ICC） plays a vital role in the global governance system. The institutional positioning of the ICC encompasses a _“dual purpose_” of maintaining and shaping the international economic and trade governance structure. On the one hand，each country_’s response to the objective needs of the international community has led to the responsive purpose of the ICC to maintain and safeguard the international economic and trade order. On the other hand，the country_’s subjective pursuit of shaping the economic and trade governance system has given rise to the constructive purpose of the ICC in shaping the international economic and trade governance system. Driven by the responsive purpose of safeguarding the international economic and trade system，internationalization is the natural appearance that ICC should display. The pursuit of the constructive purpose of shaping the international economic and trade governance structure has led to the decision that ICC，while serving the international community，should strive to realize the special features of the system. At the same time，the pursuit of characteristics should be premised on the international application of the system. Upon reviewing the current positioning and operational system of the China International Commercial Court （CICC），it is evident that CICC has been predominantly on responsive purposes，with insufficient attention to constructive purposes. This imbalance has resulted in limitations within the operational system. At the internationalization level，the participation of foreigners in litigation is constrained，and CICC lacks appeal remedies. Additionally，the enforcement of mediation agreements lacks convenience，and CICC_’s innovation in the field of judicial protection of arbitration is limited. In terms of characteristics，the _“mediation+litigation_” dispute resolution model struggles to meet the demands of the international commercial mediation market，and the scope of the Committee of Experts needs to be broadened. Moreover，the electronic construction of courts does not fully cover mediation and arbitration. Moving forward，the CICC should strive to harmonize the _“dual purpose_” of responsiveness and constructiveness，emphasize its global orientation，and actively engage in the governance of global economic and trade rules. To enhance CICC internationalization，efforts should be made to increase the participation of foreigners in litigation and revamp the relief system. Furthermore，at the international commercial diversified dispute resolution level，the integration of mediation and litigation should be promoted. Simultaneously，the CICC should enhance the international applicability of the _“mediation+litigation_” dispute resolution process，expand the functions of the Committee of Experts，uphold an Activist Judiciary stance，and embark on the electronic，networked，and intelligent construction of judicial data. By establishing a comprehensive and electronic international commercial diversified dispute resolution platform，the CICC can showcase China_’s judicial wisdom on the global stage.