Civil-Law Dispute in China

In this article author studies issues of resolving civil disputes in the People's Republic of China. Author notes that earlier, if the dispute concerns individuals or legal entities, administrative powers or affected rights and legitimate interests, as a rule such disputes were not considered by arbitration courts. But now there is a tendency that if the dispute concerns the basic rights and obligations, then it can be divided into different parts and determine what can be resolved by arbitration. In conclusion, the author notes that at present there are several points of view regarding the resolution of civil disputes in arbitration. On the one hand, there is an opinion that arbitration (the arbitral tribunal) is not in a position to strictly follow the legislation and, therefore, the interests of the parties may be threatened. On the other hand, it is considered that arbitration as an existing form of dispute settlement is initially nonclassical and when choosing this type there is no need for full compliance with legal procedures, therefore, the arbitrator can justify his decision based on his own experience, conscience and justice. Thus, the most effective and used mechanism for resolving civil disputes in China is arbitration