2007•Journal of Nantong UniversityRequires access

Positivist Research of China's Arbitration System

Liu Wu-jun

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Abstract

Obvious contrast between ideal and reality still exists in current arbitration system,which is faced with a dual embarrassment of being marginalized in system and in theory.To develop arbitration system,judicial supervision system of arbitration must be reformed and reconstructed.Arbitration committee's autonomous authority must be expanded;administrative feature of arbitration organizations must be further reduced;lawsuit feature of arbitration should be lightened.Functions and powers of arbitration organizations and arbitration setups must be scientifically divided.Arbitration scope should be properly expanded and the demand for arbitration agreement documents should be properly softened.The concrete development goal of China's arbitration is to realize reasonable layout of arbitration organizations in a national scope,to build up a large quantities of outstanding arbitration committees,to cultivate some regional arbitration centers which are influential in domestic and even international arbitration circle and to further realize the standardization,scientificization and modernization of arbitration work on the basis of steady development.

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What this paper is about

Obvious contrast between ideal and reality still exists in current arbitration system,which is faced with a dual embarrassment of being marginalized in system and in theory.To develop arbitration system,judicial supervision system of arbitration must be reformed and reconstructed.Arbitration committee's autonomous authority must be expanded;administrative feature of arbitration organizations must be further reduced;lawsuit feature of arbitration should be lightened.Functions and powers of arbitration organizations and arbitration setups must be scientifically divided.Arbitration scope should be properly expanded and the demand for arbitration agreement documents should be properly softened.The concrete development goal of China's arbitration is to realize reasonable layout of arbitration organizations in a national scope,to build up a large quantities of outstanding arbitration committees,to cultivate some regional arbitration centers which are influential in domestic and even international arbitration circle and to further realize the standardization,scientificization and modernization of arbitration work on the basis of steady development.

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Available abstract

Obvious contrast between ideal and reality still exists in current arbitration system,which is faced with a dual embarrassment of being marginalized in system and in theory.To develop arbitration system,judicial supervision system of arbitration must be reformed and reconstructed.Arbitration committee's autonomous authority must be expanded;administrative feature of arbitration organizations must be further reduced;lawsuit feature of arbitration should be lightened.Functions and powers of arbitration organizations and arbitration setups must be scientifically divided.Arbitration scope should be properly expanded and the demand for arbitration agreement documents should be properly softened.The concrete development goal of China's arbitration is to realize reasonable layout of arbitration organizations in a national scope,to build up a large quantities of outstanding arbitration committees,to cultivate some regional arbitration centers which are influential in domestic and even international arbitration circle and to further realize the standardization,scientificization and modernization of arbitration work on the basis of steady development.

Key concepts: Arbitration, Compulsory arbitration, Modernization theory, Scope (computer science), Business, Law, China, Lawsuit

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