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当代我国正处于工业化、信息化、城镇化、市场化、国际化深入发展时期,商品经济发展也的日益繁荣,商业主体之间的经济纠纷在社会生活中发生的频率越来越大。仲裁与调解相结合作为一种多元化解决民商事纠纷的模式,与民事诉讼、民间调解等传统方式相比有很大的优势,在我国的仲裁实践中得到广泛应用,但其在立法规制等方面还存在着许多问题,还需要进一步修正、完善。本课题理论联系实践,分析仲裁与调解相结合模式在实践中的存在的问题及原因,进一步提出仲裁与调解相结合的改进措施。
At present, our country is in the period of industrialization, informationization, urbanization, marketization and internationalization. The development of commodity economy is also prosperous day by day. The economic disputes between commercial entities have become more and more frequent in social life. The combination of arbitration and mediation, as a model of diversifying civil and commercial disputes, has great advantages over traditional methods such as civil litigation and civil mediation and has been widely used in our country’s arbitration practice. However, in the legislative regulation, etc. There are still many problems, but also need to be further amended and improved. The theory of this subject is linked with practice, and the problems and reasons existing in the practice of the mode of combining arbitration and mediation are analyzed. An improvement measure combining arbitration with mediation is further proposed.