Font Size: a A A

To The Chief Of The Arbitration Institutions In China

Posted on:2012-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:X T ChengFull Text:PDF
GTID:2206330338991619Subject:Law
Abstract/Summary:PDF Full Text Request
Arbitration, refers to the systerms and methods of dispute resolving ,such as a voluntary submission by the parties to a neutral third party for adjudicate, according to their agreement before or after the dispute, In China, arbitration as a legal system from the West, is exotic. From 1995 , the day of implement of the "PRC Arbitration Law" , more than 15 years have passed, but until now, not only the administration of arbitration, litigation tendency are serious ,but also so far the arbitration body have not been able to really establish the identity of the positioning.Nowadays, the amendment of the law of arbitration has been put on the agenda. on the discussion about modifying the law of arbitration , it is not only a question concerned by the worlds of academia and practical,but also a controversial question to completely eliminate the intervention of the administrations to the arbitration and recover its nongovernmental and independent quality.The reflection of the anti-administrationalized arbitration which is still proceeding and constantly contentious has encountered great resistance.This article is debated in the context of this academic background. This paper uses the process analysis perspective, thinking the administration/ the de-administration of arbitration institutions in China as a continued evolution "process" both in theory and practice. In additional, through the relevant theoretical and empirical analysis, the author trys to seek the measures of solving the problem and path selection of the de-administration of the arbitration body.
Keywords/Search Tags:Arbitration institution, the de-administration of arbitration institutions, process analysis
PDF Full Text Request
Related items