| The dissertation is the first one in China which systematically discusses the procedure of judicial review of arbitration. Aiming at the relief for the arbitration parties' procedural rights and following the clues of constructing a systematic procedure of judicial review of arbitration, the dissertation discusses the concepts, values, goals, principles, nature and architectures of procedure of judicial review of arbitration.Judicial review of arbitration is a hot topic for a long time. However, the academic and practical communities mainly focus on the scopes and extend of judicial review of arbitration and ignore the procedural problems such as steps and manners. In the modern society advocating the procedural justice, it is more important to use procedures against the abuse of powers and promote realization of rights. Especially under the situation in which arbitration and justice, as two disputes resolution mechanisms promote and compete with each other, it is the key problem to protect arbitration parties' basic procedure rights by how to utilize the power of procedure to restrict imperia abuse and make it fulfill the functions of judicial review with the fairly motive, in the forms of repeal or maintaining of arbitration awards.The dissertation includes foreword and six chapters, about 130,000 words.The chapter one is Summary of Judicial Review Procedure of Arbitration. The main concern is about concepts and meanings of judicial review procedure of arbitration in order to establish bases for the following discuss, including concepts and objects of arbitration judicial review, concepts of judicial review procedure of arbitration, and the union of procedures of judicial review of arbitration.The meaning of judicial review of arbitration in the dissertation is pointed to imperia reviews whether the arbitration activities are judicial and act on agreements in order to resume and remedy the arbitration parties' fights which are subject to damage due to illegal arbitration. The object of arbitration judicial review is the procedure of arbitration itself rather than the dispute between the parties of arbitration. Once selecting arbitration, the party is ready to accept the arbitration award error in laws or facts as long as the award made accords to the demand of natural justice. Therefore, arbitration court has final decision on the processing of dispute, and the domain that the imperia could be involved in is the error existing in arbitration procedure.Although three different means about arbitration review exist, a common conclusion has been achieved in academic community that the reviews of dissidence of arbitration jurisdiction and refusing to execute the arbitral award are not rational. The dissertation takes this point and agrees repeal of arbitration award as the only way to review arbitration.The chapter two is about Values and Goals of Judicial Review Procedure of arbitration. We discuss the values and goals of procedure of judicial review of arbitration in order to present the basics for the reform and improvement of judicial review procedure of arbitration.The values of procedure of judicial review of arbitration include extrinsic value and intrinsic value, both of which are indispensable and dependent each other. The former refers to means or facilities to implement external goals of procedure of judicial review of arbitration. That is to implement the correctness of the results of judicial review and reality of basic procedure right relief for the parties. While the latter indicates a legal value which is a sign of excellent quality of procedure of judicial review, including procedure justice and efficiency. The criteria used to judge whether the procedure of judicial review of arbitration has justice value include two aspects. The one is whether the subject dignity is admitted and respected. The other is whether the judge stands on neutral ground.Every subject has different expectation toward the procedure of judicial review of arbitration because of complexity. Thus, the goals of the procedure of judicial review of arbitration present diversity, which include guarantying parties' principal status and procedural rights in the procedure of judicial review of arbitration, restricting and protecting imperia using the specification and closure of procedure.The chapter three is Analysis and Reflection about Current Situation of the Procedure of Judicial Review of Arbitration in China. The main concerning is to introduce legislation in our country, summarize and evaluate practice manners taken by the court, find out the shortcomings of legislation and practice.From the view of the current status with regard to our country's legislation and judicature, the procedure of judicial review of arbitration has the following shortcomings, such as the absence of the law, ambiguity in procedure nature and the status of arbitration court, disorder in court and review procedure, deviation from the international mode of the judicial review of the arbitration, excessiveness in the application time, faultiness of the review results, over-low of litigation costs, unreasonable about costs burden and absence of relief measures. In summary, the situations of our country's procedure of judicial review of arbitration are absence of legislation, disorder of practice and excessive review.The chapter four is the Analysis of Current Situation of Procedure of Judicial Review of Arbitration. The chapter presents the background reasons for the abuses of procedure of judicial review of arbitration introduced in the previous chapter.The resources of those abuses mainly include four aspects, such as politics, economics, culture and cognition. In the aspect of economics, the negative influences of politics result in ignoring the importance of arbitration as a mean to resolve the arguments, boring procedure nihilism and presenting dense political coloring in the procedure of judicial review of arbitration; in the aspect of politics, national selfish departmentalism results in paying attention to the power while ignoring the rights which in turn lead to disrespect party's principal status and procedural rights in the procedure of judicial review of arbitration; in the aspect of culture, the viewpoint of "no argument" in Confucian is the basis of "paying attention to entity while ignoring the procedure", the viewpoint of "obligation and right" conducts the unbalance between the party's procedure right and obligation, and the viewpoint of "civility and law" conducts disorder and partly literal in the legislation of procedure of judicial review of arbitration; in the aspect of cognition, the ambiguously recognizing the nature of procedure of judicial review of arbitration disturbs its construct.The chapter five is Reform and Improvement of the Procedure of Judicial Review of Arbitration in China. On the basis of background reason introducing in the last chapter, the chapter aims at establishing an integrated, systematic and independent procedure of judicial review of arbitration which includes concrete institutions such as jurisdiction, startup, reviewing scope, proof, reviewing style, termination and suspending, relief mechanism, litigation costs and time limit by means of discussing its architecture in details from the aspects of conception renewal, nature definition, principle founding, institution establishment, and the support system improvement.The procedure of judicial review of arbitration's reform derives from proper conception changes like other reforms. Therefore, the author thinks we should set up three conceptions. First, the attitude towards arbitration should be changed into friendliness from hostile. Second, cognition about procedure value should be turned into standard from instrumentalism. Third, we should respect human being's subjectivity.Before constructing a system, we must clearly understand its nature and correctly classify to know what it is. Then we could talk with how to improve it. Therefore, the reform and improvement of procedure of judicial review of arbitration must be on the basis of exact definition of its nature. Through the comparing the characteristics, rules and basic theories between it and procedure judgment, the author concludes that procedure of judicial review of arbitration is a kind of procedure judgments and distinguishes from entity judgments, such as regular civil law procedure and special procedure. On one hand, the procedure of judicial review of arbitration aims at resolving procedure arguments, the results of which, withdrawing arbitration award, have the obvious procedure characteristics. On the other hand, entity judgment aims at resolving entity problems, the results of which have entity characteristics.After defining the nature, the author thinks it should obey the basic rules of procedure judgment to reform and improvement the procedure of judicial review of arbitration. Concretely, it should include all of the following aspects. First, we should establish a special court in charge of arbitration review. Second, we should give parties rights to start or terminate procedure. Third, we should ascertain every party's legal status and rights. Fourth, we should restrict the extent of judicial review to the procedure problems and discard the full review style. Fifth, we should take the forms of court trial, limitedly openly trial and party-to-party trial. Sixth, we should properly assign proofing responsibilities, apply principle of "The one who takes legal proceedings should put to the proof" and inversion of burden of persuasion. Seventh, we should improve re-arbitration institution and determine the conditions, entities and scopes of re-arbitration. Eighth, we should determine and unify the litigation fee standard of the procedure of judicial review of arbitration, reasonably distribute litigation fee burden. Ninth, we should set up a higher relief mechanism for the procedure of judicial review of arbitration according to the experiences of other countries. Last, we should make a standard to restrict repeal of arbitration award made by court in the procedure of judicial review of arbitration.Moreover, the author proposes three institutions for the supporting system establishment. One is the accountability system of arbitrator's fault which stimulates arbitrators to do their business properly. The other is the informing system for the rights to request judicial remedy which make the parties clearly know their rights and improve self-supervise of arbitration organization. The last is the finance system of court which provides material basis for imperia and promotes imperia independence and avoids to damage imperia exertion due to kinds of economic conflicts with other entities through separate financial allocation.The accessory is The Propose of Legislation about Procedure of Judicial Review of Arbitration. The author gives out concrete ideas and advices procedure of judicial review of arbitration, which is the standing point of the thesis.
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