Journal of Jishou University(Social Sciences)

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On the Construction of Macro-Arbitration Jurisprudence

LU Yang   

  1. (School of International Law,China University of Political Science and Law,Beijing 100088,China)
  • Online:2018-07-01 Published:2018-06-28

Abstract: Macro-Arbitration Jurisprudence (MAJ) studies all legal phenomena of arbitration and emphasizes the thinking and methods of macroscopic research.It is a whole discipline including all branches of arbitration law.It is necessary to construct MAJ,because it can avoid the localization and fragmentation of arbitration studies,ensure comprehensive and scientific arbitration classifications,realize the analogy and transformation of academic outcomes of different branches,and conform to the arbitration practical trends like the assimilation of branches,macroscopic legislation,diversification of cases and the new-type categories.Additionally,it is also possible to construct MAJ in the external legal environment and the internal basic elements.The discipline system of MAJ should be focused on discipline orientation,category framework,and discipline structure,oriented by practical problems,aiming at academic inheritance and innovation,assisted by scientific academic evaluation.The discourse system of it can be constructed through enhancing discourse ideas and discourse content internally and promoting transmission routes and transmission capacity externally.

Key words: macro-arbitration jurisprudence, necessity, feasibility, general paths

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