Research On The Construction Of The Third Party System In China

"Arbitration Law of the People's Republic of China" has been issued more than 20 years,China's arbitration industry has developed corresponding to more than 20 years.As one of the multiple dispute resolution mechanisms,arbitration has been recognized and recognized by the public.Because the value of arbitration is reflected in the aspects of fairness,efficiency and professionalism.In the era of rapid development of market economy,civil and commercial subjects are also in urgent need to deal with disputes.Need to support the arbitration system.But we found that when the arbitration proceedings in the arbitration case of the legal treatment of the case may be related to non-arbitration agreement of the parties,the arbitration of the fair and efficient and how to reflect the arbitration can try to learn from the civil litigation third party system,The existing arbitration system is innovated to establish an arbitration system of third parties.Arbitration must meet and meet the reasonable needs of market economy development.We know that the establishment of arbitration third party system,although there are more difficult,but the system is set the trend.Therefore,the construction of the third party system of arbitration will indicate the further improvement and maturity of our arbitration system.The first part of the article,the connotation of the third party arbitration and its differences with the relevant concepts.First,in terms of the connotation of the third party in arbitration.The author gives a brief introduction to the source of the jurisdiction of the arbitration.After clarifying the source of the arbitration jurisdiction,the author has listed seven different definitions of the connotation of the third party in the arbitration and the evaluation of the seven connotations.On the basis of enumerating the appraisal,the author sums up his own definition of the third party concept.Second,the difference between the third party in the arbitration and the relevant concept.On the basis of the definition of the third party of arbitration,the author elaborates the connection and difference between the arbitration third party system and the plaintiff and the defendant,the common litigant and the litigation representative and the litigant third party in the civil litigation system TheThe second part of the article,the third party outside the arbitration system.First,in the case of the third party arbitration system.The author of the civil law countries and Anglo-American law countries in the arbitration of the third party system of the provisions of the inspection.In the civil law countries mainly visited the Netherlands,Belgium,France,Japan,in the Anglo-American legal system mainly visited the United States,Britain.After enumerating the relevant provisions of the above six countries,the author through their own understanding of the corresponding provisions were analyzed.Second,in the field of arbitration outside the third party system,inspiration.This paper also analyzes and compares the third party system of arbitration in six countries,and on the basis of it,the author expounds the enlightenment of the system of extrajudicial system on the construction of the third party system of arbitration in our country.In the third part of the article,the necessity and feasibility of constructing the third party system of arbitration in China.The author has demonstrated the necessity and feasibility of constructing the third party system of arbitration in China.First,in terms of necessity.The author enumerates and analyzes the cases of the third party involved in the arbitration of the Supreme People's C.ourt and the arbitration institution of our country.In addition,it also introduces the contend for the third party system of arbitration,and on this basis,I agree with the views of the positive attitude.Secondly,in terms of feasibility.The author examines the provisions of the Arbitration Commission on the Arbitration of the third party system of the Wuhan Arbitration Commission,the Guangzhou Arbitration Commission,the Shanghai International Economic and Trade Arbitration Commission,the Shanghai Arbitration Commission,the Zhuhai Arbitration Commission and the Shenzhen International Court of Arbitration,The third party system of arbitration research achievements to demonstrate the necessity of construction.The fourth part of the article,the construction of our third party arbitration systemrecommendations.The author elaborates the proposal of constructing the third party system of arbitration in our country.This part contains the basic principles of the third party system of arbitration,but also contains specific problems in the operational level of arbitration,such as the application and decision of the third party to participate in arbitration,the conditions for participation in arbitration and the participation of third party in arbitration Rights and obligations.