Research On The Improvement Of Management System Of Arbitration Secretary In China

In the arbitration dispute resolution mechanism,the arbitration secretary provides indispensable professional auxiliary work for the handling of arbitration cases.They are both the control and command center of the arbitration process and the service and supervisor of the arbitration work.The quality of their work directly determines the arbitration case.Quality also affects the credibility of arbitration institutions.At present,the professional group of arbitration secretaries also faces a series of dilemmas,such as: the arbitration secretary's appointment procedure is confusing,the degree of specialization is uneven,the promotion channel is blocked,and the social status is not recognized,which leads to a large number of arbitration secretaries in various arbitration institutions.The loss and the quality of the arbitral awards have further impeded the continued development of arbitration in China.Strengthening the construction of the arbitration secretarial team,improving the occupational security system of the arbitration secretary,and improving the overall level of the arbitration secretary have laid a solid foundation for the efficient resolution of civil and commercial disputes and the active maintenance of social fairness and justice,and are also of great significance for promoting the further development of arbitration credibility.Based on the status quo of the arbitration secretary management system,this paper analyzes the problems and causes of the arbitration secretary management system in China,and combines the management practice of the extraterritorial arbitral tribunal secretary to find the way out for the arbitration secretary management system in China,namely,“Selection,breeding,use,management,stay”.In the five aspects of establishing,managing,and retaining,the establishment of the arbitration secretary's professional qualification access system,strengthening the education and training of arbitration secretaries,cultivating professional arbitration secretaries,strengthening the supervision of arbitration secretaries,and constructing a hierarchical management system for arbitration secretaries.In addition to the introduction and conclusion,the paper is divided into four parts:The first part is an overview of the management system of arbitration secretaries in China.This section first introduces the concept of the Arbitration Secretary and shows that the Arbitration Secretary has the professional characteristics of program services,program management and program supervision.Secondly,it introduces the basic connotation of the arbitration secretary management system,and proposes that the content of the arbitrationsecretary management system should include the five aspects of “Selection,breeding,use,management,stay”.Finally,it analyzes the internal and external roles of the arbitration secretary management system,and clarifies the practical significance of establishing the arbitration secretary management system.The second part is the status quo and problems of the management of arbitration secretaries in China.This part first summarizes the current situation of the management of arbitration secretaries in China from the laws and regulations and the internal arbitration secretary management rules of some arbitration institutions.By revealing the problems existing in the management of China's arbitration secretary in the selection,education,employment,management and retention of people,the root cause of the existing problems is analyzed.The third part is the management practice and reference of the secretary of the Arbitration Tribunal of the Hong Kong International Arbitration Center.This part mainly examines the management system of the current arbitral tribunal of the Hong Kong International Arbitration Centre and selects it in light of China's national conditions.Among them,the discussion on the selection,duties and remuneration of the secretary of the arbitral tribunal is the main content of this article.The fourth part is the proposal to construct the management system of arbitration secretary in China.This part puts forward the concrete construction ideas of the arbitration secretary management system in China from the macro and micro perspectives.From a macro perspective,the first is to clarify the position of the arbitration secretary and strengthen the sense of professional honor of the arbitration secretary;the second is to establish a unified Chinese arbitration association;the third is to clarify the nature of the arbitration power and adhere to the judicial supervision of arbitration.On the micro level,the first is to establish a system of admission qualifications for arbitration secretaries;the second is to strengthen vocational education and training,and to cultivate a team of professional arbitration secretaries;the third is to rationally allocate arbitration secretaries to optimize talent structure;fourth,to strengthen arbitration.The secretarial supervision of the secretary;the fifth is to implement the hierarchical management system of the arbitration secretary.