Join The Improvement Of The Wto And China's Arbitration System

The entering of WTO is not only an economic phenomenon but a legal one. Thus it is of great realistic value to prob into the defects of the arbitration system of our state to provide reference for its revision and perfection when we are to enter it. This paper dialectically analyzes the influences made to our arbitration legality by entering WTO and shows how to be in live with international systems and then makes legislative suggestions for its perfection.Part one points out the influences exerted by entering WTO. It expounds the chance and challenges brought to our arbitration by the entering and emphasizes on the direct and indirect influences caused by the implementation of WTO agreements. Its effective implementation calls for the establishment of an equal, independent, highly - efficient arbitral procedure in our state,the publicizing of our arbitral legislation and procedure, the opening of legal service market and the adoption of WTO dispute - settling mechanism. After we enter WTO and WTO agreements come into force, our arbiration system will be greatly influenced by economic globalization whith requires the reformation of our arbitration system to eradicate the remining influence of planned econoncy to suit the market economy model, the opening of our arbitral practice by employing foreign arbitral rules directly and providing references for other states, and the rapid development of our arbitration system in every aspects (hardware or software) ,among which the lining up with the internation-al arbitration is the most inportant aspect caused by entering WTO.Part two shows how to be in line with intevnational arbitration in three respects. First we should study carefully the international conven-tion(s) to adopt its stipulated obigations into our arbitral legislation. At present with the arbtral jurisdiction range enlarged gradually,The principle of autonying of will of the parties and the discertionary power of arbi-tratioual tribunal strengthened,and the arbitral intervention of the weakened, the paper states the main contents of international obligations we are to undertake by analyzing the relative international items. Then we should do more study in foreign arbitral legislation to find out the general stipulations. Finally we showld study the international arbitrabitional trends to advance the perfection of our arbitral system.Part three shows how to perfect our arbitral system. Targets of its perfection are set to develop our contemporary Arbitration Law into a modern, systematic and workable one. Principles for its perfection are given for us to follow and specific suggestions for the revision and perfection of our Law both on structure and on speific logal stipulations are made. Such contents as arbitral scope of accepting cases,forms of arbitral agreement and the recognition and implementation of arbitrament make reference for the perfection of the abitral stipulation of our state.