2009•Journal of Chongqing Technology and Business UniversityRequires access

On Establishing Arbitration System of Land-contracted Dispute——Comments on Rural Land-Contracted Dispute Arbitration Law

Chunxia Wang

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Abstract

Arbitration Law of Rural Land-Contracted(draft) makes the introduction of China's rural land contracting dispute arbitration system in a dilemma.On the one hand,the positioning of rural land-contracted dispute arbitration to administrative arbitration is to put back the clock,that arbitration is endowed with administration infringes essence of arbitration,on the other hand,while civil affairs of arbitration are denied,there are a lot of provisions which imitate judicial proceeding.Administrative rural land-contracted arbitration should be weakened,meaning autonomous principle should be embodied as much as possible and arbitration proceeding should be monitored by a court.

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Arbitration Law of Rural Land-Contracted(draft) makes the introduction of China's rural land contracting dispute arbitration system in a dilemma.On the one hand,the positioning of rural land-contracted dispute arbitration to administrative arbitration is to put back the clock,that arbitration is endowed with administration infringes essence of arbitration,on the other hand,while civil affairs of arbitration are denied,there are a lot of provisions which imitate judicial proceeding.Administrative rural land-contracted arbitration should be weakened,meaning autonomous principle should be embodied as much as possible and arbitration proceeding should be monitored by a court.

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Available abstract

Arbitration Law of Rural Land-Contracted(draft) makes the introduction of China's rural land contracting dispute arbitration system in a dilemma.On the one hand,the positioning of rural land-contracted dispute arbitration to administrative arbitration is to put back the clock,that arbitration is endowed with administration infringes essence of arbitration,on the other hand,while civil affairs of arbitration are denied,there are a lot of provisions which imitate judicial proceeding.Administrative rural land-contracted arbitration should be weakened,meaning autonomous principle should be embodied as much as possible and arbitration proceeding should be monitored by a court.

Key concepts: Arbitration, Compulsory arbitration, Law, Arbitration clause, Business, China, Political science

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