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Establishing Of Temporary Arbitration System Research

Posted on:2013-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2246330395958655Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Arbitration, as a means of resolving disputes, the parties to respect the freedom of the will as the primary principle, therefore is the main commercial favor. To organize production and existence as the standard, can be divided into two forms:the temporary arbitration and arbitration. Ancient Rome arbitration has been respected by the world, but then the arbitration belongs to the temporary arbitration. As the representative of the authority of the state court appearance, litigation and dispute resolution has become people another way. Arbitration in order to constantly proceedings development obtains its own growth and development, it overcomes many of the drawbacks of the original ad hoc arbitration, and from the norms of arbitrators, the arbitration application to the elective arbitration fee collection and setting the arbitration organization for arbitration to strengthen management, so that the arbitration ruling authority greatly promotion and public authority recognition. However, in the litigation and arbitration rapid development at the same time, the temporary arbitration did not disappear, but in its resolve the small commercial disputes irreplaceable advantages, with the development of economic globalization has also been developed, the ad hoc arbitration has become increasingly prominent advantages.The temporary arbitration this dispute resolution as the research object, through the investigation of the arbitration system in other countries and Its Enlightenment to our country, discussed in today’s international environment, the temporary arbitration system into China’s necessity, feasibility, as well as our country area of temporary arbitration system specific conception. The main body of this paper consists of five parts, a total of more than thirty thousand words.The first part, is the temporary arbitration system in China, this part expounds the concept of temporary arbitration and arbitration the historical evolution and the temporary arbitration theoretical foundation and value orientation, content, as the spread foundation.The second part, is the temporary arbitration system and the comparison of the system of arbitration system. The author in this part, through to the temporary arbitration and arbitration comparison, reveal temporary arbitration autonomy, economic, efficient and other unique advantages. The third part, is the temporary arbitration in the international field of development and the enlightenment to our country. In this part, expounds and analyzes the temporary arbitration in the international field of development present situation foundation, summarizes the temporary arbitration system of China’s enlightenment.The fourth part, is China’s introduction of temporary arbitration system the necessity and the feasibility. In this part, the author of China’s introduction of ad hoc arbitration system the necessity and feasibility of three points were expounded and analyzed, in order to explain China already has a good foundation for establishing of temporary arbitration.The fifth part, is our country establish the specific conception of temporary arbitration system. The author through the front parts of the analysis and the elaboration, in this part of China establishing of temporary arbitration system in four aspects are put forward specific ideas.To make a long story short, temporary arbitration system establishment in China be imperative, this is not only the requirement of the development of our country economic system, is also China’s arbitration system itself continuously improve the development the only way which must be passed.
Keywords/Search Tags:temporary arbitration, necessity, feasibility
PDF Full Text Request
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