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Arbitration Theory Of Value

Posted on:2006-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:S K FanFull Text:PDF
GTID:2206360155959220Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The arbitration is a so good system that can be helpful to solve civil and economic dissension to achieve harmonious society. The article is to discuss how the arbitration run in our country; the reason why the value of arbitration has not been achieved as its ideality; at last consummate arbitral system in our country.The article includes foreword, text and epilogue. There are six parts. The first part is the foreword of whole article including the reason and sense of writing. The reason is the development of society and economy. More civil and economic dissension appears. The arbitration may be good choice for the need of society. But the arbitration is not as wonderful as its ideality. The penman think the reason is that the value of arbitration has not been achieved as its ideality. What's more discussing of the value of arbitration is helpful to us to lawmaking of arbitration and settling the new problems of arbitration.The second part, firstly article discuss the value of arbitration and thinks that the values of arbitration are freedom, benefit and equity. Secondly, discuss the relation of the values of arbitration and think that freedom is the most important value and benefit is the more import than equity. At last article use for reference from lawmaking of arbitration in other countries to study how to achieve values of arbitration better.The third part is the review of the problems of achieving of the values of arbitration. There are quite a few problems in arbitration in our country. For example: the procedure of arbitration is too rigorous to achieve values of arbitration; the problem of ordain of main body of arbitration; the problem of judicature supervisory to arbitration.The fourth part is to discuss the reason why the values of arbitration can not been achieved correctly. The article think that there are four main reasons .Firstly, comparability between arbitration and lawsuit; secondly, the assimilation of the community of law; thirdly, amalgamation of the world; fourthly, scarcity of the civil society in our country.The fifth part is the advice to consummate arbitral system in our country. Firstly, the article defecate some question of the theory. For example: the problemof arbitration is not only the problem of arbitration, it is a problem of society. Secondly, enumerate productions that we have got Thirdly, penman has some advice to consummate arbitral system in. our country. For example: we ought to establish association of arbitration.The last part is the expectation of arbitration in our country. The process of arbitral development may be long and flexura. But arbitration is a so good system that can be helpful to achieve harmonious society. We should try our best to achieve the value of arbitration as its ideality.
Keywords/Search Tags:Arbitration
PDF Full Text Request
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