The Legal Nature Analysis Of Arbitration Institutions In China

The positioning of the arbitration organization is related to the authority system and management mode of the arbitration organization.Since the 1990 s,China has vigorously carried out the reform of public institutions.The reform of public institutions in China puts forward requirements for the legal status of arbitration institutions.From the perspective of arbitration practitioners,the fuzzy positioning of arbitration institutions will affect the organization and management of institutions and property management,thus adversely affecting the arbitration practitioners.More importantly,the clear positioning of arbitration institutions is an important link for China to adapt to the development of globalization and enhance its economic strength.Therefore,to clarify the nature of arbitration institutions is an important institutional guarantee for the development of arbitration institutions,and it is also a major task for China's arbitration institutions to break through the development at this stage.The discussion on arbitration institutions is still of practical significance.This paper is divided into four parts,the specific content is as follows:The first part of the main contents are: first,to the arbitration law enforcement in our country as the time point of division,mainly expounds the history and evolution of the arbitration institution of China,analysis of the "arbitration law" promulgated before and after the development of arbitration and arbitration in China,for analyzing the positioning of the arbitration institutions in China provide a historical reference.Secondly,according to the development of arbitration institutions,it is concluded that the positioning of arbitration institutions in China presents the characteristics of fuzziness both in construction and legislation.The paper also analyzes the causes of the fuzziness of the subject status of arbitration institutions in China and concludes that the fuzziness orientation is an intentional action to give consideration to the development status of arbitration institutions in China and the specific national conditions in China.Finally,combining with the historical evolution,development status and reform trend of China's arbitration institutions,this paper expounds the importance of clarifying the legal subject status of China's arbitration institutions.The second part mainly covers: firstly,the institutional positioning and management of American arbitration association,London international court of arbitration,international center for the settlement of investment disputes,international court of arbitration of the international chamber of commerce,and Japan commercial arbitration association areanalyzed by means of comparative law.Then combined with the arbitration system and the arbitration idea of the countries where the above arbitration institutions are located,this paper analyzes the commonness of their subject positioning and construction status quo.Therefore,the international mainstream trend is to adhere to the non-profit and civil nature of arbitration institutions.The third part analyzes and clarifies the nature of China's arbitration institutions,and concludes that China's arbitration institutions should be positioned as a social organization legal person.This paper mainly discusses whether the arbitration institution is a public institution or a social organization as a legal person.In combination with the nature of arbitration and the trend of China's arbitration institutions breaking away from administrative intervention,this paper emphasizes the nature of non-profit and civil nature of international arbitration institutions.This paper argues that China's arbitration institutions should be clearly positioned as social organizations and confirmed in legislation.The fourth part,for the arbitration organization to construct the social organization legal person,proposed the system and the specialized aspect suggestion.In terms of system,improving the institution's registration system and financial management system is the essential attribute of arbitration institution in line with its non-profit and civil nature.In terms of the professionalization of the institution,the professional quality and professional character of the arbitrators should be improved,and the rights and obligations of the institution should be clarified.