The Perfection Of Judicial Supervision Over Commercial Arbitration In China

As an old-line non-governmental way of settling disputes, the commercial arbitration is in people's good graces for its advantages of flexibility, swiftness, economy and confidentiality. And the role of the commercial arbitration in the settlement of the civil and commercial disputes becomes more and more important. As a universal recognized thing, the development of the modern commercial arbitration system could't without judicial supervision. But how to construct the judicial supervision mechanism more scientifically is a question that need more discuss. This thesis chooses the scope and mode of judicial supervision over commercial arbitration as a visual angle to research. By theory investigation and legislation comparison study, analyses the defect of the judicial supervision system of our country, and submits perfect suggestion. This thesis is composed of four chapters as follows:Chapter 1 is the general introduction of judicial supervision over commercial arbitration. In this thesis, the judicial supervision only refers to the court's examination and controlling on commercial arbitration, not including support. It's an indispensably but assistant supervision in all kinds of arbitration supervision. It has the characteristic of post-event, passivity and procedural.Chapter 2 discusses the necessity of the judicial supervision over commercial arbitration. Judicial supervision has its philosophy and legal principle basis, and it's the objective choice of history. Moreover, the value objects of the commercial arbitration, the nature of the commercial arbitration and the limitation of arbitration system are all decided that the commercial arbitration needs judicial supervision.Chapter 3 discusses the scope of judicial supervision over commercial arbitration. By analyzing and evaluate the different forms of judicial supervision, as well as making comparison between domestic legislation and international legislation, conclusion can be safely reached that limited the content of supervision to procedural matters is more in accord with legal principle and should be the developing trends of judicial supervision system. This conclusion can give a direction in perfect our country's judicial supervision system.Chapter 4 discusses the mode of judicial supervision over commercial arbitration. This part begins with the developing trend of the time that judicial power intervenes in commercial arbitration, then research and compare the mode of judicial supervision in different countries. Finally, proposals are put forward on perfect the mode of judicial supervision in our country. It is supposed to consummating each form of supervision themselves and harmonizing conflicts among them. Moreover, they must better serve the content of judicial supervision and more in accord with international developing trends.