On The Commercial Arbitration Supervision Mechanism Of Our Country

There exists a kind of negation of original private relief in nowaday society, as areason of that both sides of the conflict can not solve the contradictions between themby themselves, especially when the litigation brings about high litigation expensesand fussy judicial proceedings and other kinds of inconvenience to the persons, andthe judge sometimes even brings about some severe injustice to both sides of theverdict because of deficiency of professional knowledge, so the persons deeply expectthe emergence of a kine of fair, convenient and fast, as well as economical methods ofarbitration that can solve the contradictions among people. At the present stage, thenumbers of commercial activities at home and abroad are increasing, especially afterthe entry into the World Trade Organization, our country’s foreign trade has beenincreased by a big margin and commercial arbitration plays an increasingly importantpart, thereafter, how to perfect the system of commercial arbitration is become themost important problem in front of the legislator and scholars. However, constructinga commercial arbitration supervision mechanism scientifically is a powerfulguarantee of an fair, reasonable and well-organized system of commercial arbitrationand it has a very important significance.This article will discuss the commercial arbitration supervision mechanism ofour country mainly in the following parts:The first part is about the overview of our country’s commercial arbitration. Itmainly states the concept, evolution, nature and value goal of the commercialarbitration, the concept, status of development and legal philosophy basis etc. of thecommercial arbitration supervision are the background of the whole article’sdiscussion and study and they also establish its theoretical basis.The second part is about the legislative system of the commercial arbitrationsupervision of our country. The author divides the arbitration supervision system into internal supervision, namely the Arbitration Commission’s supervision of thearbitrator’s arbitration right and their arbitration award, and industry arbitration,namely the Arbitration Commission’s supervision of arbitration right, as well asjudicial supervision, namely court’s supervision of the arbitration right and theclient’s supervision of the procedure of the arbitration mainly on the basis of theexecutive subject of the right of the arbitration supervision. Among all these, thesystem of judicial supervision is the most common and perfect supervision sysytemof the whole arbitration supervision system, it is also the most important part todiscuss in this article. Our country’s procedure of commercial arbitration isincreasingly perfect and is accepted and applied in a big margin. When we confront aperfect system of arbitration, there must exists a suitable supervision system which isable to supervise the legality of the procedure and the results to guarantee the fairness,justice, economy and efficiency of the arbitration procedure.The third part is about the perfection of the commercial arbitration supervisionmechanism of our country. The content of his part is of the utmost importance of thewhole article. The author primarily analyses the present commercial arbitrationsupervision mechanism and make some comments on corrections to those that are notreasonable and perfect and make some amendments on the parts thar are insufficientin laws. The corrections and amendments are mainly contains the imbalance of thefunction of all kinds of supervision mechanism, such as, the process of legislation islack of industry supervision mechanism and society supervision mechanism, thefunction of client supervision mechanism and internal supervision mechanism issmall and exists in name only, the exaggeration og the application of judicialsupervision and the problem of storing or abolishing the refusal to execute arbitralaward, the improvement of renewal arbitration system, the irrationality of the “dualtrack system” and the insufficiency in the liability system in the process of legislationare all the disadvantages and irriationality of the law of our country’s Arbitration Lawwhich need to be settled further.The conclusion is the summary of the article’s all content which is also a highgeneralization of the whole article and a new discription of the author of its ownopinions in order to make the article have a complete structure and coherent content. All in all, in the wake of the swift development of the economia society,commercial activities are becoming more and more, the procedure of arbitration hasbeen played an irreplaceable role in solving the commercial contradictions. In orderto guarantee the justice and legality of this important ruling methods, commercialarbitration supervision mechanism has been playing an absolutely necessary part inthe process of applying the procedure of arbitration, therefore, the study of thearbitration supervision mechanism is extremely necessary.