Research Of Problems On How To Import Maritime Temporary Arbitration System Under China’s Legal System

As China blends in the international society, the legal system of China tends to approach the form of international mainstream. The trend is obvious,especially in the field of civil law. China has become a world power in shipping field. Whatever the scale of port and shipping fleet, China has reached the leading position, as well as the infrastructure of water carriage. The hugeness of quantity does not equal to the good quality. China is a huge country in shipping, however it can not be regarded as strong country in shipping. Compared with such shipping powers as British and American, China lacks a whole set of shipping system. Shanghai Free Trade Zone brings a new opportunity to develop shipping. Besides, the construction of Shanghai maritime center gives our precious experience to complete the legal system of shipping. Maritime arbitration system belongs to the most flexible way to solve conflict. Meanwhile, it accords with the efficiency value of business law. China should complete maritime arbitration system as soon as it should.The writer depict the absence of temporary arbitration in Chinese’ maritime arbitration system and analysis the relative merits of temporary arbitration. The essay introduces current situation of maritime arbitration system in China. It combines with the construction of Shanghai Free Trade Zone and Shanghai International Shipping Center. Besides, it compares with different countries’ maritime arbitration system. As a conclusion, the thesis gives advice that should carry out maritime arbitration system in Shanghai Free Trade Zone. The essay gives some theoretical suppositions and concrete suggestions in order to hope that a comprehensive arbitration system can be built in China. The thesis includes 6 chapters.The first chapter mainly introduce the arbitration system itself and tell the differences from institutional arbitration to temporary arbitration which possess their own features. Then it mainly talk about the relative merit of temporary arbitration and hold the view that we should investigate the arbitration system comprehensively. The key point of this chapter is to analysis the nature, status, function of temporary arbitration.The second chapter mainly discuss the current position of maritime arbitration system in China. The development of China maritime arbitration system have a intense link with the reform and opening-up policy. However, China still faces plenty of problems when develop arbitration system.The third chapter analysis the possibility of import maritime temporary arbitration into Shanghai Free Trade Zone. Maritime temporary arbitration and Shanghai Free Trade Zone support each other and. Besides, It’s important to import maritime temporary arbitration if China tends to construct international shipping system.The forth chapter discuss how to import maritime temporary arbitration to China. “The arbitration law” should be modify if we want import the system. China Maritime Arbitration Commission should set up office to provide service to temporary arbitration. Meantime, The quality of arbitrator should be highly valued.The fifth chapter supplements the reflect about import temporary arbitration system into China. We should pay close attention to the value of temporary arbitration. To sum up, The benefit of importing temporary arbitration can be summarize as follows: complete the foundation of legal system and the nurture of commercial integrity.The sixth chapter is a conclusion of the whole thesis.According to above chapters, institutional arbitration and temporary arbitration have their own relative merits. It’s difficult to tell which kind of arbitration turns out to be better the other one. It is an irresistable trend to import maritime temporary arbitration into China. All we can do is how to import and make full use of maritime temporary arbitration. Shanghai Free Trade Zone can be the sally port to introduce the system into China.