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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/30229

    Title: 兩岸仲裁法制之比較 : 以仲裁協議為主
    Other Titles: A comparative study on cross-strait arbitration system, focusing on arbitration agreements
    Authors: 鄭志勉;Chen, Chih-mien
    Contributors: 淡江大學中國大陸研究所碩士班
    王泰銓;Wang, Dominique T. C.
    Keywords: 兩岸;仲裁制度;仲裁協議;經貿;中國大陸;Arbitration System;Arbitration;Arbitration Agreement;Taiwan strait
    Date: 2007
    Issue Date: 2010-01-10 23:28:27 (UTC+8)
    Abstract: 大陸與臺灣之間的經貿發展已經衝破了人為的政治藩籬,成為不可阻擋之勢,可以預期的在大陸經濟持續增長的情況下,這一發展將更為迅速。與之相伴隨的是,兩岸間的民商事糾紛已客觀存在並且還會不可避免地大幅增加。「仲裁」制度的完善就顯得十分迫切。
    The growth in the economic development between Mainland China and Taiwan has flourished despite the difference in their political standpoint. In light of the constant growing economy in Mainland China, a rapid growth in cross-strait economic development is expected. However, along with the economic growth, the long existed issues concerning civil dispute and commercial dispute will inevitably increase. In order to secure the benefit in the cross-strait economic development, a standardize arbitration system is therefore very important.
    Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more arbitrators, by whose decision they agree to be bound. Arbitral agreements are considered as a proof for referring a dispute to the arbitral tribunal for both the parties and the adjudicator.
    The arbitration law and contract law in Mainland China state that arbitrators should act on behalf of the parties’ agreements. In addition, the law of P.R.C on the Protection Taiwan Compatriots'' Investment also specifies that only those parties who have either made an arbitral agreement or singed a contract that consists of an arbitration clause may refer the dispute to the arbitral tribunal.
    As a result, it is crucial for Taiwanese investors who are involved in cross-strait trade to have a clear understanding on the above mentioned provision. Only when an arbitration agreement is properly set can a prompt resolution be made during the case of a dispute.
    This thesis is therefore focused on the following three parts:
    1. Understanding the meaning and process of arbitral agreements in both Taiwan and Mainland China.
    2. Distinguishing the dispute problem of the arbitral agreement and utilize the arbitration system as the efficient way of solving and ensuring parties’ rights and interests.
    3. Attempting to give suggestions for the development in cross-strait arbitration system in hopes of assisting Taiwanese investors in Mainland China to set or to deal with arbitral agreements in the near future.
    Appears in Collections:[中國大陸研究所] 學位論文

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