On The Judicial Supervision Of Domestic Arbitration Adjudication

Arbitration and litigation are the two main methods of solving disputes in civil and commercial fields in china, and each has its own advantages. Fairness is the fundamental value aim of law, so it should also be carried through the whole arbitrament. However, arbitration is the product that the market economy develops continuously and pursues the efficiency more. The high efficiency and comparatively low cost of arbitration in solving civil and commercial disputes is the reason why people choose arbitration to solve their disputes. Litigation is the last resort for people to solve legal disputes and prefers fairness to efficiency. The authority of judicial power is based on its justice besides national compulsory force. The full development of arbitration in solving disputes makes great contribution to relieve the court, make jurisprudence efficient as well as satisfying the arbitration party quickly.However, whether the domestic or the international arbitration has the civil quality and are required to be under the support and supervision of court. Judicial supervision is the most important way for arbitration. On one hand, the supervision over arbitration by court can prevent arbitrator from making arbitrary decision, rectify mistakes in arbitrament and forge social justice. On the other hand, with the exercise of national compulsory force, court support arbitration in the call of witnesses, preservation property and evidence, execution of arbitral award, which guarantees that arbitral procedure go smoothly, increases the efficiency of arbitrament and asserts the lawful benefit of the arbitration party practically. But in practice, there still be a lots of problems in the implement of supervision by court. How to deal with the relationship between litigation and arbitration is always an important subject with theoretical value and practical significance in both arbitration and litigation. The supervision of court is essential to the development of litigation, while excessive supervision will baffle even throttle the development. Therefore, moderate supervision is expected to make the benefit come true which arbitration pursues. The dissertation is divided into three chapters.Chapter one argues the theoretical foundation of judiciary supervision, points out arbitration should be under judiciary supervision in its development, then discusses the content of judiciary supervision and the significance of moderate judiciary supervision.Chapter two distinguishes some key problems in judiciary supervision in our current arbitral practice, including problems in the assumption of the arbitral agreement's validity, the preservation of property and evidence, judiciary supervision over arbitral award. Also, allowing for these problems, it suggests how to optimize judiciary supervision over civil and commercial arbitration in our country, so to defend lawful benefits of civil subject while judiciary supervision gets perfect and arbitration gets improved.Chapter three discusses ways and suggestion on judiciary supervision over arbitration in our country. The moderation principle should be followed in judiciary supervision over arbitration. We still have a lot of work to do on the improvement of property preservation. Then, it reviews the items on assumption of arbitral agreement's validity in the latest judicial interpretation. In the end, it analyses theoretically whether the arbitral award should be supervised procedurally or substantively, roundly or partly, and gives the conclusion.