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Legal Regulation Of Lack Of Performing Administrative Obligations

Posted on:2020-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:M DengFull Text:PDF
GTID:2416330572994071Subject:legal
Abstract/Summary:PDF Full Text Request
In today's environment of rapid social disputes,arbitration has become more and more popular among parties as a non-litigation dispute resolution method.The arbitrator is one of the core components of the arbitration dispute resolution method.It is the premise and basis of arbitration justice.It plays an important role in the fairness of the arbitration procedure,the authority of the arbitration award and the long-term development of the arbitration cause.The professional competence and ethical quality of arbitrators affect the development of arbitration institutions and arbitration.The society also has high requirements for the professional competence and moral quality of arbitrators.The quality of arbitration is the key to guarantee the vitality of arbitration.Only by improving the quality of the arbitrator team can the quality of the arbitration case be guaranteed.From the "source" of the arbitrator team,that is,the arbitrator selection and employment system,grasping the quality of the arbitrator is to improve the quality of the arbitrator team.The important link,the arbitrator selection system is also an important part of the arbitration system reform.The introduction and conclusion of this article are mainly divided into three parts.The first part describes the selection process of the arbitrators of the Y Arbitration Commission,which incorporates the training assessment procedures before the appointment of arbitrators.In the arbitrator's reelection,the Y Arbitration Commission divides the work according to the applicant's domicile into two parts,and entrusts the selection of the applicants living in the province(city)where the Y Arbitration Commission is located to a third party.The selection of applicants living outside the province(city)where the Y Arbitration Commission is located is completed by the Y Arbitration Commission itself.The content of this part of the paper is mainly for the description of part of the work,that is,the part entrusted by the Y Arbitration Committee to the third party organization.This part is mainly composed of five stages: submission of registration form,review,training,assessment and selection.The second part is a comparative analysis of the current two arbitrators' selection and recruitment models in China,that is,a comparative analysis of the written examination mode and the training assessment mode.This part of the content analyzes the two modes of review,and analyzes the shortcomings of the written review mode and the innovation,advantages and inspiration of the training mode.The third part is the perfect proposal for the selection and appointment system of arbitrators in China.In the arbitrator selection and hiring system,the arbitrator selection and hiring procedures of the various arbitration committees in the country should be regulated,the ethical level of arbitrators should be enhanced,the professional structure of arbitrators should be optimized,and the public notice period of the list of arbitrators should be increased.In the selection and hiring of arbitrators adopting the training assessment mode,the production methods of candidate arbitrators should be enriched,the training content should be enriched,the assessment methods should be improved,and the training assessment contents and methods of newly recruited and renewed arbitrators should be distinguished to distinguish the personnel of different industry categories.
Keywords/Search Tags:Arbitrator, selection system, written review mode, training assessment mode
PDF Full Text Request
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