Arbitration Systems in China [2]
论文作者:51lunwen论文属性:课程作业 Coursework登出时间:2007-02-06编辑:点击率:6257
论文字数:1682论文编号:org200702061449059425语种:英语 English地区:中国价格:$ 22
关键词:Arbitration SystemsChina
years has been broken because of arbitration, so that the parties often believe that the resolution of problems through arbitration do no pay.
2.3 The administrative nature renders all parties in commercial disputes doubt the neutrality and justice.
According to the Arbitration Law, the arbitration committee is founded by the related departments in the government and the union of commerce. The arbitration committee is separate from administrative organs so that it is not subject to the administrative organs. However, the real situations is that administrative organs interfere into the arbitration activities, and some local governments even try to make arbitration committee the functional departments of the governments, and are accustomed to interfere into the work of arbitration committee with administrative measures. For instance, some newly-rebuilt arbitration committee is founded depending on the fund raised by the law office of government, and the arbitration conferences are often organized by related organizations of the State Council. (Song;Zhao,2000)The following measures have seriously affected the healthy development of the arbitration business of China. Under the protection of the administrative power of the government, people tend to doubt on the neutrality and justice of arbitration, so that the arbitration organizations would lose the credit.
3. Problems existing in China's arbitration execution
3.1 Difficulties in China's arbitration execution
4.Reform propositions of arbitration persecution
4.1 Arbitrators are endow with participation rights in judicatory supervision.
t is strongly suggested that the opinions of arbitrators be fully considered before the court's final decision. Arbitrators' permission to participate in judicatory supervision can help judges acquire more proof and the principle of righteous procedures can be ensured.
4.2 All parties in arbitration are endow with appealing right and retrial right.
The writer believes that the endowment of appealing right and retrial right can help reduce the appearance of mistakes in judicatory supervision, and the lawful interests of all parties can be more effectively protected. (sun,2002)
4.3 Cancellation of the court's virtual supervision of the arbitration trial
China's accession to WTO has made arbitration in compliance with international trend. The virtual supervision of the court's arbitration trial should be cancelled, which had better be clearly regulated in the Law of Arbitration.
4.4 Establishment of China Arbitration Association
4.3 Perfection of the subsidiary measures that help persecute arbitration
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