On The Civilization Of Arbitration Institutions In China

Arbitration, as a kind of harmonious system of dispute resolution mechanism,with its own unique advantages, dissolve the contradiction in the field of commercial trade in the aspect of its own. And it’s not only conforms to the socialist legal system construction of contemporary society and overall requirements of the socialist country under the rule of law, but also advantageous to a peaceful solution to the folk commercial dispute and the implementation of the strategy of governing the country according to the law. It plays a full role to the implement the decision about "The central committee of the communist party of China about the decision of the comprehensively advancing the rule of law", which is established by the fourth plenary session of the party’s eighteen. But in the working process of the arbitration practice in China, the arbitration does not perform its folk autonomy advantages, also not give full play to the essential attributes of arbitration institution which includes the principles of fairness, justice, the party autonomy and arbitration agency autonomy.Therefore, arbitration institutions in practice deviate from the folklore of the working process of the orbit. At present the opinions on the arbitration organization folklore development direction are divided. The problems of the arbitration institutions in our country, at present, displays in the intaking too much security administration factors,such as arbitration organization daily management, personnel organization, and financial revenue and expenditure and so on. It leads to the development of arbitration institution in administerization’s development. The author believes that after the reform of arbitration institutions in China should be true by convincing the parties to resolve the dispute arbitration, making the result of the arbitration to the arbitration’s conscientiously fulfilling the legal rights and obligations of responsible parties,making the whole process of the arbitration award strictly adhering to the unique concept of the rule of law throughout of "people-oriented, reconciliation, persuading in words and deeds", giving full play of the characteristics of the arbitration dispute resolution mechanism of "harmony, persistence, and strong sex", and making the arbitration institution of our country volatile out of the folk breath: "fair, efficient,autonomy, independence and cheap".In the process of writing this paper, first of all, carry on the comprehensive overview of the arbitration organization folklore to analyses the folklore development situation of international arbitration institutions and the general situation of the arbitration institution of China. Then discuss the administerization operation of the arbitration organization’s present situation. And make a multi-angle analysis the causes to our country’s arbitration institution administration status in the aspect of practical operation. Paper finally makes an all-round, multi-angle and in-depth design of arbitration institutions in our country folk reform in order to let the arbitration institutions in China out of tadministerization factors interference at an early date,really backing to the path of folklore. Full text, deeply mines and fully grasps the arbitration system’s the latest trend at home and abroad from the academic theory and arbitration practice systematically respectively. Then the author has done the in-depth discussion of the reform direction of arbitration institutions in China, the theoretical basis and feasibility, starting from the current legislative regulations and academic research results. And then the author proposes more feasible reform suggestions on improving the deficiency in the award of the arbitration system in current China.