Research On The Judicial Supervision System Of Commercial Arbitration

Chinese arbitration cause started late,but in recent years it has developed faster and faster,and higher requirements have been required to legal regulations and system.However,due to the unique character of arbitration,the development history and judicial habits of Chinese arbitration,Chinese arbitration laws do not have a solid arbitration basis like some mainstream countries in the world,nor do they maintain a high degree of consistency with the laws of other fields to improve and update.Therefore,the biggest problem of Chinese arbitration is the disconnection between legal regulations and social practice.This contradiction is particularly prominent in the judicial supervision of arbitration awards by court.The main reasons for the need for judicial supervision in arbitration in our country are the nature of arbitration power,the pursuit of legal value of high efficiency,and the restrictive and cooperative relationship between arbitration power and judicial power.The comprehensive rule of law in the judicial field is promoting the establishment of a diversified dispute resolution mechanism.The arbitration system has social and judicial value.It is of great significance to clarify the relationship with the judicial power and ensure the jurisdiction of judicial supervision.On this basis,analyze the operation of Chinese current commercial arbitration judicial supervision system,finds the problems,compares international general rules and some countries practices,looks for the experience that China could learn from,then combines Chinese relevant systems and juridical practice and puts some suggestions.This article adopts research methods such as comparative analysis method and case analysis method,to carry out the research on the judicial supervision system of arbitration through four chapters.The first chapter analyzes the theoretical basis of the judicial supervision system of commercial arbitration.It is demonstrated that the judicial supervise due to respect for the legal value of arbitration,balance the relationship between arbitration power and judicial power.And judicial authority is more realistic and possible for the judicial supervision.There are many positive effects of improving the arbitration system and clarifying the jurisdiction of judicial supervision,also developing the arbitration industry in the context of Chinese legal construction.The second chapter analyzes the current situation of Chinese commercial arbitration judicial supervision system to discover some problems.Firstly,review the reasons for judicial supervision provided by the "Arbitration Law of the People's Republic of China"(hereinafter referred to as the "Arbitration Law")and other legal provisions to analyze the current status of the practice of Chinese arbitration judicial supervision system;secondly,combined with some cases in recent years to analyze the current status of the practice of the judicial supervision system of commercial arbitration;lastly,based on the aforementioned analysis,summarize the existing imperfections of the judicial supervision system in our country in terms of supervision reasons and standards,supervision of domestic and foreign rulings,the problems of procedural operation and relief.The third chapter discusses the enlightenment of the foreign commercial arbitration judicial supervision system.This part compares the "Convention on the Recognition and Enforcement of Foreign Arbitration Awards"(hereinafter referred to as the "New York Convention"),"UNCITRAL Model Law on International Commercial Arbitration(1985)"(hereinafter referred to as the "Model Law")and the regulations and practices of the United States and Britain.Find the differences between those regulations and Chinese judicial supervision system of arbitration.Finally combines Chinese actual situation on the basis of the above-mentioned comparative analysis,summarize what China can learn from in terms of the scope of supervision,procedure operation and relief procedures.The fourth chapter combines the theoretical foundation and the current status of the system,and puts forward suggestions for perfecting the judicial supervision system of commercial arbitration.First,it is necessary to consider abolishing the judicial supervision method of non-enforcement of arbitral awards;secondly,clarify the scope of judicial supervision and its identification standards;thirdly,it is necessary to gradually unify the supervision attitude to domestic and foreign awards;finally under the framework of the current legal system,improve and increase relevant relief procedures according to practical needs.