The Reform Direction Of Our Country Trading Arbitration Judicature Control System

As an old-line non-governmental way of settling disputes, the commercial arbitration is in people's good graces for its advantages of flexibility, swiftness, economy and confidentiality.The modern commercial arbitration system cannot develop healthily and lastingly without judicature's moderate surveillance, which is already approved generally by international society. But how to construct the judicial supervision mechanism more scientifically is a question that need more discuss.This thesis chooses the scope and mode of judicial supervision over commercial arbitration as a visual angle to research. Through theory investigation and legislation comparison study, analyses the defect of the judicial supervision system of our country, and submits perfect suggestion, and even propose our country trading arbitration judicature surveillance's reform direction This thesis is composed of three chapters as follows: Chapter 1 is the general introduction of judicial supervision over commercial arbitration. In this thesis, the judicial supervision not only refers to the court's examination and controlling on commercial arbitration, but also includes support. Next is discussion the scope of judicial supervision over commercial arbitration. Moreover, through the inspection trading arbitration judicature control system's historical development, obtains the judicial surveillance arbitration is the historical objective choice conclusion; Finally, Elaborate trading arbitration judicature surveillance's necessity and inevitability. Chapter 2 mainly analyzes our country trading arbitration judicature surveillance's present system and the existence question, and summarizes"the two-track system"surveillance pattern malpractice, meanwhile summarizes the existence question of the arbitration's cancellation, the non-execution arbitration and re-arbitration. Chapter 3 discusses the scope of judicial supervision over commercial arbitration. By analyzing and evaluate the different forms of judicial supervision, as well as making comparison between domestic legislation and international legislation, conclusion can be safely reached that limited the content of supervision to procedural matters is more in accord with legal principle and should be the developing trends of judicial supervision system. This conclusion can give a direction in perfect our country's judicial supervision system. And put forward the solution proposal to solve the existence question of the arbitration's cancellation, the non-execution arbitration and re-arbitration.The full thesis begins with the developing trend of the time that judicial power intervenes in commercial arbitration, then research and compare the mode of judicial supervision in different countries. Finally, proposals are put forward on perfect the mode of judicial supervision in our country. It is supposed to consummating each form of supervision themselves and harmonizing conflicts among them. Moreover, they must better serve the content of judicial supervision and more in accord with international developing trends.