The Public Policy Review Of International Commercial Arbitration Awards In China's Implementation-with Additional Studies On The Perfection Of China's Related Systems

When we try to interpret and understand the public policy review itself(trying to draw the outline of the public order review,seeking the ideas and Inspiration of the public order review)to resolve the public order plight of the international commercial arbitral award in China,we will find that:First,from the value pursuit,the public order review not only has the theoretical foundation of the public order of international private law to resolve the conflict of law,but also has the value nature which prohibiting the abuse of rights,respecting autonomy and pursuing fairness and efficiency in the field of civil and commercial private law.And moreover,it also has the goal of arbitration system: to solve disputes efficiently through private power and autonomy.In practice,the trend that to limitate the public order censorship and to set a high standard of the violation of public order reflect a kind of reconciliation between the various values mentioned above.Secondly,from the point of view of the system function,the public order clause has the same function as the "public interest clause" in china's legislation,especially like the function of the exception of the public interest clause in private law.But its functions in the enforcement of international commercial arbitration awards have different interpretations under the two positions of liberalism and nationalism.It should be noted that,compared with the other review of international commercial arbitral awards,it is actually characterized by a special functional orientation called "substantive review" and "external review".It embodies the concern of the public order review on the results,degree,essence and influence.It is not only clear in the legal text,but also with the judicial practice,and it is more reasonable in theory.In such a position,public order review should pay more attention to the possible results of the enforcement of the decision,and also,to predict the extent of the damage to the public order.But this kind of review should not be dogmatic or sloppy.Finally,there is a phenomenon in the wording of the "public order" review,the legal basis of the public order review,the judicial practice of the public order review and the setting of the "public interest clause" in the other law,that is,the content of the public order or the "public interest clause" is determined,to some extent,by the point of view.Understanding all perspectives of public order not only can avoid narrowness but also can help further understand public order review,which can help to determine the scope of public order review.Therefore,in the clarity and determination of the standard of public order review,the above interpretation should be regarded as the framework and the value orientation which can help to construct and improve the public order review system.In addition,although different wording can reflect the full picture of public order as far as possible,as the content of the legal text,it is necessary to define the wording of the public order review in the civil procedure law as "public order",which helps to standardize the correct understanding of public order review by the court and the public.