On The Arbitration System Of Jurisdiction Nature Of Our Country

It has been in dispute all the time in the fields of legal study and legal practice how to regard and put the relationship between Arbitration and Jurisdiction, however it is short of comprehensive research in the reality of the said relationship in our domestic legal study field. Of course, it is of positive effects for improving our domestic arbitration system, and for putting in right way the relationship between jurisdiction system and arbitration system by making analysis of the afore said relationship to thoroughly describe our current arbitration system.First of all, this paper illustrates the conception, nature and characteristic of arbitration, derives the internal juridical nature of arbitration and the external complimentary relationship between arbitration and jurisdiction through analyzing the nature and characteristic of arbitration. Further, this paper defines the meaning of arbitration system of jurisdiction nature, and also suggests the practicability and necessity to make arbitration system being of jurisdiction nature after analyzing the advantages and disadvantages of arbitration system of jurisdiction nature, in the meanwhile it provides the limitation of making arbitration system being of jurisdiction nature.Secondly, this paper focuses on describing the present situation of arbitration system being of jurisdiction nature. This paper basically outlines the situation of arbitration system being intervened and participated by our domestic jurisdiction through illustrating the four aspects: arbitration reviewed by courts; arbitration awards maintained by courts; arbitration procedure supervised by courts; as well as special provisions with regard to arbitration with foreign elements, by combining with the current laws and juridical explanations. By comparing our domestic legal system with foreign legal system, this paper suggests setting justifiable relationship between jurisdiction system and arbitration system, improving our arbitration system, including developing and improving the supervising manner, the formation of legal supervising, expanding the ways and contents to maintain arbitration by courts, etc.