The Legal Thinking Of Commercial Disputes Arbitration System

Along with the progress of time and the development of social economy, the scale of commercial communication grows larger and the content of it get more complicated, and gradually, it becomes diversified, in-depth and globalized. Following this accelerative development, there is a surge of all kinds of civil and commercial disputes. Dispute once appear, the key problem then comes to how to solve it. At this point, commercial arbitration has come into being, and the establishment of commercial arbitration system is a huge and vast law project, which requires us to take full use of legal knowledge, legal thinking and operation for the establishment of commercial arbitration system and implement work to lay a solid theoretical and practical basis. So, this paper is going to discuss the legal thinking of commercial disputes, in order to give a relatively clear guidance to construct and perfect the commercial arbitration system, and to make the system run more reasonably and effectively.Commercial arbitration has its independent characteristics of formation and operation, which relies on an independent legal thinking correspondently. The development of the commercial arbitration has formed a unique legal thinking operation mode, this mode also objectively cause positive guidance to the advance of the commercial arbitration. This article is going to discuss the legal thinking of commercial arbitration system, from its formation and characteristics. Using the current situation of the development of arbitration system as basis, this article is going to explore the uniqueness of legal thinking, to figure out the importance and necessity of legal thinking. And further, it is going to take advantage of the legal thinking reasonably and effective to give a relatively clear guidance to construct and perfect the commercial arbitration system, expecting the provisions and construction of commercial arbitration to be more completed and comprehensive.This article is a theory-oriented study, its research purposes are as following: first, this paper gives an overview of the commercial dispute arbitration system in the legal thinking, mainly contains overview of commercial disputes arbitration system, an overview of legal thinking and an overview of the commercial arbitration system of legal thinking; Thus, the commercial disputes arbitration system in the embodiment of legal thinking; Secondly, analysis of commercial dispute arbitration system in the lack of legal thinking to guide the problems; Finally, the problems identified from practice for new commercial arbitration law thinking, and then use commercial arbitration law thinking this particular legal thinking to new build commercial arbitration system.The innovative points of this article focus on two aspects, one is its object of study, and the other is its study methods. First, the object of study, analysis of commercial disputes arbitration system of legal thinking helps to fill a vacancy theory and help to solve the problems in the judicial practice. Second, the study methods, the legal thinking of research on the commercial disputes arbitration system, the integrated use of comparative and inductive analysis method, the final conclusions to guide practice.In this paper, in addition to the preface and epilogue, is divided into four parts. The first part of commercial disputes, commercial arbitration, legal thinking to make a complete and comprehensive overview; The second part of the rationality and necessity of thinking used in commercial arbitration law, and legal thinking in the role of commercial arbitration system has made the feasibility is discussed; The third part, based on the practical problems encountered in the commercial arbitration practice has made the elaboration, and to describe the reason for the related problems and further demonstrate the importance of legal thinking is to the commercial arbitration; The fourth part, the commercial arbitration system in the formation of the special legal thinking, to play the role of commercial arbitration system, and how to use the new build on system of commercial arbitration law thinking to make the constructive thinking and proposal.Make full use of induction, this paper summarized an overview of commercial disputes arbitration system of legal thinking, comparison study method, compare the characteristics of the different legal thinking, analysis of the concrete embodiment of law thinking, using theoretical analysis method, to the focus of the commercial dispute arbitration system in the legal thinking, the author analyzes and researches on the essence of the problem. Summarizes the law of the commercial dispute arbitration system present situation and the construction strategy of thinking.This article focus on the uniqueness of commercial arbitration, using the comparison between commercial arbitration and other dispute settlement mechanism as breakthrough point, to expand the commercial arbitration thoroughly, then using the methodology of legal thinking, as well as the specific law thinking as the guidance, to explore practical problems in commercial arbitration, and without legal thinking under the guidance of the problem. Finally, starting from the beginnings, taking the exclusive thinking methods, the legal thinking of commercial arbitration, to construct a more completed commercial arbitration system, and to provide an more firmed guidance for it, in order to improve its level of professional and effective, and to make it solve commercial disputes with higher efficiency and speed.