The Introspection of the Arbitration System on Rural Land Contract Disputes in China
SU Fang-yua
Abstract
SU Fang-yua
Abstract
The purpose of this study is to analyze some problems of the arbitration system on rural land contract disputes and to bring forward proposals for perfecting it in China. Methods employed include logical analysis and normative analysis. The results of this study show that the arbitration system on rural land contract disputes has degenerates into the administrative arbitration system, and the arbitration procedure has been designed as the same as the litigation procedure. Furthermore, the arbitration system on rural land contract disputes runs without the arbitration agreement, the principle of party autonomy, and the final ruling system. Meanwhile, the function of the arbitration system on rural land contract disputes that is used to shunt the cases has failed. The paper concludes that the nature of the arbitration system on rural land contract disputes should be confirmed at firstly, and then reforms this arbitration system to docking with the civil litigation.
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The purpose of this study is to analyze some problems of the arbitration system on rural land contract disputes and to bring forward proposals for perfecting it in China. Methods employed include logical analysis and normative analysis. The results of this study show that the arbitration system on rural land contract disputes has degenerates into the administrative arbitration system, and the arbitration procedure has been designed as the same as the litigation procedure. Furthermore, the arbitration system on rural land contract disputes runs without the arbitration agreement, the principle of party autonomy, and the final ruling system. Meanwhile, the function of the arbitration system on rural land contract disputes that is used to shunt the cases has failed. The paper concludes that the nature of the arbitration system on rural land contract disputes should be confirmed at firstly, and then reforms this arbitration system to docking with the civil litigation.
Key concepts: Arbitration, Compulsory arbitration, China, Business, Autonomy, Law, Political science