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On The Typification Of Personnel Legal Liability In Commercial Arbitration Institutions

Posted on:2021-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:X M HeFull Text:PDF
GTID:2416330626461204Subject:Law and law
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With the booming of China's economy,economic disputes are increasing day by day.Because of its advantages such as flexibility,speed,economy,confidentiality,and internationality,arbitration is favored by market players.Of course,apparently,the sustainable development of the arbitration business is determined by the fairness and efficiency of the arbitration activities.However,it rooted in the staff and its code of conduct in arbitration institution actually.Just as Mr.Yang Liangyi said,"If the outstanding arbitrators of the London International Arbitration Institute are moved to the Sahara Desert Office,the Sahara Desert will also become the center of international arbitration",which also reflects the importance of personnel to the arbitration cause.Then,the research on the types of legal responsibilities of personnel in Chinese commercial arbitration institutions has become one of the inevitable choices to improve China's commercial arbitration system.The following three parts are included in this article:The first chapter is "Classification of Commercial Arbitration Institutions and Personnel." This chapter started with analyzing the nature of arbitration and the nature of commercial arbitration institutions.Based on this,it makes a theoretical analysis and practical review of the nature of commercial arbitration institutions in China.Secondly,the personnel of China's commercial arbitration institutions were classified,which lays the foundation for its research on typed legal liability.The second chapter is "Theory and Practice of Legal responsibility of Commercial Arbitration Institutions." Firstly,the legal relationships involved in Chinese commercial arbitration were sorted out which are the basis and prerequisite for determining legal liability.Then,according to civil responsibility,criminal responsibility and administrative responsibility,those theory and practice were analyzed.In the analysis of civil liability,the research is carried out according to the actual subject of civil liability,and the practical status of arbitration civil liability in China is explained.In the analysis of criminal responsibility,the respective criminalresponsibilities and problems in practice are expounded according to the classification of personnel in Chapter One.In the analysis of administrative responsibility,the status and problems of administrative responsibility are analyzed.The third chapter is "Proposals to Improve the Legal Liability System of Commercial Arbitration Institutions." The author puts forward his own thoughts and some relevant suggestions according to the typified thinking aiming at the problems existing in the current personnel legal liability system of commercial arbitration organizations in China.
Keywords/Search Tags:arbitration, commercial arbitration institution, personnel of arbitration institution, legal liability, typification
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