Orientation Of Chinese Arbitration Institution

The legal definition of arbitration organs is a typical issue with Chinese features. Theinitial arbitration institution in China was a administrative arbitration system which wasdominated by administrative power early in the planned economy era. With the transitionfrom the planned economy to the socialist market economy, the analysis anddiscussion of the legal definition of arbitration organs makes the healthy developmentof China’s arbitration significant. The nature of the arbitration organs has beenexpressly provided, but actually it is quite different with that. Due to the constraints ofeconomic development level in each region, some arbitration organs have been listedas the administrative system of the civil service law or defined as the generalinstitutions in some provinces. Some people who are opposed to the administration inarbitration practice argued that in according with the international practice and laws,the arbitration and relative organs should be civil; the others who hold different viewsclaimed that considering the China’s specific national conditions, in order to ensurethe authority, the arbitration organs should be classified to the civil service category.Firstly, the thesis is mainly focus on the definition of arbitration through the analysisof the connotation and extension of arbitration, and further analyses the issues whichinclude the definition, historical evolution, nature, type and legal status of arbitrationorgans. Secondly, the development and legal status of arbitration organs in china arepresented. The similar dispute settlement mechanism of arbitration in ancient time,but due to the changes of the times during the National Government, the founding ofnew China and the reform and opening, the definition of Chinese arbitration organs isunclear. Thus, based on the current status, the thesis analyses the factors which is inthe way of Chinese arbitration organs. Finally, by comparing with the constitute ofarbitration organs, the living conditions of the arbitrator and the cast composition ofarbitration, a reference to the definition issue is summarized. And opinion and suggestion for the development of the arbitration organs are also presented.