司法部负责人就《商事调解条例》答记者问

Core Viewpoint - The State Council of China has announced the implementation of the "Commercial Mediation Regulations," effective from May 1, 2026, to enhance the commercial mediation framework in response to the increasing number of commercial disputes due to rapid economic development and international trade [1][2]. Group 1: Background and Purpose - The regulations aim to address the growing number of commercial disputes among various business entities, emphasizing the need for a specialized legal framework for commercial mediation in China [2]. - The introduction of these regulations is seen as a crucial step in improving the multi-faceted resolution mechanisms for conflicts, promoting a market-oriented, rule-of-law, and international business environment [2]. Group 2: Regulatory Framework - The regulations specify the establishment and management requirements for commercial mediation organizations, emphasizing their non-profit nature and the qualifications required for mediators [4]. - Key principles for commercial mediation activities include voluntary participation, legality, integrity, and confidentiality [4]. - The regulations allow mediation organizations to charge fees based on fair and reasonable standards, which must be publicly disclosed [4]. Group 3: Development Support Measures - The regulations outline measures to foster the development of the commercial mediation industry, including the cultivation of internationally influential mediation organizations [5]. - There is a focus on enhancing public awareness of mediation as a means to resolve commercial disputes through promotional efforts by judicial and administrative departments [5]. - Local regions are encouraged to provide support in terms of talent, information, technology, and funding for the development of commercial mediation [5]. Group 4: International Integration - The regulations aim to create a commercial mediation legal system that aligns with international standards, allowing for the hiring of foreign professionals as mediators and the establishment of overseas mediation offices [6]. - Special provisions are made for free trade zones and the Hainan Free Trade Port to facilitate international commercial mediation activities [6]. - The regulations encourage international cooperation and participation in the formulation of global commercial mediation rules [6]. Group 5: Implementation and Future Work - The Ministry of Justice will work on promoting the regulations and developing specific management measures for mediation organizations [7]. - There will be a focus on ensuring a smooth transition for existing mediation organizations established before the regulations come into effect [7].