The Improvement Of The Judicail Supervision Over The Arbitration In China

Along with fast development of the world economy, the arbitration is attracting more and more people to resolve the dispute by its fairness, efficiency, specialty and confidentiality. Since"Arbitration act"promulgated from January 1, 1995, the arbitration as one kind of civil and commercial dispute resolution mechanism exhibits the advantage of fairness and efficiency compared with other resolution mechanisms under the background of vigorous market economy development. However arbitration instate does not belong to governmental organization the procedure is flexible, the dispute resolution result is quick and so on the characteristic, it is possible that the process and the result of arbitration violates law. To guarantee its fairness, supervision is required to maintain the value of arbitration system. This article take the value of the arbitration as a center, suggest the construction of judicial supervision system of the arbitration must maintain, promote the value of arbitration system as its core, then proposed supervision level should be moderated.This article is divided into four chapters:The first chapter reviews the legal significance, the meaning, scope and the way of judicial supervision of the arbitration.The second chapter reviews the regulations about essential procedure and the intervention degree on the judicial supervision on the arbitration of the main country like England, USA, Germany and Sweden as well as the related stipulations of international legal document.The third chapter reviews theory and practice of the judicial supervision on the arbitration. Three parts include that three development phases of the judicial supervision on the arbitration and present stipulations about judicial supervision in China.The fourth chapter is about the improvement of the judicial over the arbitration in our country. It analyzed some problems existed in the judicial supervision existed in Chian and points the moderate principle is important to end the difference of the related law between domestic and foreign related. It also suggested that to establish the principle of appropriate supervision. and make the strict explanation to the public order reservation.