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The Study On The Legal Status Of Commercial Arbitration System Under Dispute Mechanism

Posted on:2014-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2256330401963010Subject:Legal theory
Abstract/Summary:PDF Full Text Request
At present, the diversified dispute solution mechanism has become an effective way to resolve the various disputes. Among them, arbitration stands out from the crowd because of its outstanding advantages and functions. But in the law practice, the embodiments of the function and values of the arbitration system is facing a variety of reality challenges, which affects the inner balance of the multiple dispute mechanism. Based on the legal status of commercial arbitration, this paper aims to explore the real state of arbitration system in the perspective of empirical research, and puts forward corresponding measures for its existing problems.This paper uses historical methods summarizing the development process of commercial arbitration system of our country, and obtains its inherent law of development. By using the method of comparative analysis, this paper analyses the function and value of all the elements to determine the law status of the arbitration system. By using the method of empirical analysis, this paper studies the running time of commercial arbitration system, and find out its problems. The paper is divided into three parts:preface, text and epilogue. The text is divided into three parts:The first part mainly expounds on the concept of commercial arbitration and dispute mechanism in order to define the scope of this article core Through the arbitration system of historical development, mining the rationality of its existence and development rule, in order to study the status of commercial arbitration, explaining dispute mechanism in the ecological system of commercial arbitration.In the second part, the author investigates three arbitration institutions in Shanxi Province from the empirical Angle. Three arbitration institution for research and summary in nearly four years of relevant data, on the empirical data analysis three arbitration institutions run solid state and trend, find out problems, and on this basis, analysis the causes of problems In the third part, on the basis of the empirical research found problems and the reasons, from rebuild arbitration theory, improve the legislation, self improvement in commercial arbitration system, building the positive interactive between the arbitration and other dispute resolution mechanism, perfecting the legislation of the four perspectives, with theory combining with the actual, improve the system of arbitration in multiple disputes mechanism function.In this paper, with method of sociology, the author drawing a variety of forms, connecting with the cases, attempts to show the most intuitive states of the three Shanxi Province arbitration institutions. Based on the above, the paper aims to extend the content to the national scope to find common problems and resolve them finally.
Keywords/Search Tags:Dispute resolution mechanism, The commercial arbitration, Litigation, Mediation
PDF Full Text Request
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