Research On Statutory Circunstances Of Disallowed Of Arbitral Awards System In China

With the rapid development of the economy,in the civil and commercial areas of arbitration system has become an important choice for people to resolve disputes.Compared with the form of litigation,although the arbitration system is also part of the national legal system,but with the judicial power has a significant difference,and litigation on behalf of the national mandatory,the nature of the arbitration system is civil.In modern society,the arbitral award is generally regarded as a kind of legal instrument,but the enforcement right of the effective instrument belongs to the court,which is an important content of the national judicial power.Therefore,one of the starting points of this paper is to study whether the rights listed in the ruling can be truly explored and the study of judicial practice after the entry into force of the arbitration award.And not to implement the arbitration award system,it is linked to the arbitration institutions and the court.The enforcement of the court is an abnormal way of achieving the arbitral award(as opposed to the automatic enforcement of the award by the parties).In this process,the acceptance of the application court's decision on the arbitral award determines from the case level whether the rights established by the arbitral award are fulfilled,From the macro level of the arbitration system can play its fast to determine the function of the dispute have an important impact.Judging from the current judicial practice,the courts of the courts,after accepting the application for enforcement of arbitral awards,are generally not unconditionally and mechanically enforce the result of the award,but allow the court to review the arbitral award to a certain extent.The basis of the review,that is,the court can not enforce the arbitration award standards,is the focus of this study.In general,there is an arrangement for this system in national legislation,and the court is entitled to refrain from enforcement if the court does not enforce the arbitral award,and the court will enforce the state The From this dimension,the provisions of the legislation on the statutory situation reflect a country's focus on judicial review of arbitral awards.The focus of the review varies with the development of the times and the different national circumstances,and the reason for not being implemented is often a microcosm of the relationship between a state,an era of judicial power and arbitration.This article is divided into the following parts:First of all,is not an overview of the arbitration award,in this part of the author of the arbitration system concept and system value,the implementation of the arbitration award is not the basic connotation,procedural value,necessity and so on And provides a theoretical basis for the study of the failure to enforce the arbitration award system.The second part of the article mainly studies the legislative practice and development process of the current non-enforcement of the arbitration award system,compares the relevant legislative provisions outside the domain,and studies the development history of the arbitration system in China.On the basis of this,the author studies the development process of the arbitration award system in our country,and analyzes the problems that exist in our country at the present stage.The third part of the article mainly on the current China does not implement the arbitration award system in the existing problems were improved.How to set up the statutory reasons for the non-enforcement of the arbitral award,which embodies the relationship between the judicial and arbitration of a country.Only by grasping the degree of judicial review can the arbitration and litigation of civil and commercial disputes be better understood and resolved together Contradictory disputes,and safeguard the healthy development of the economy.The statutory cause of the non-enforcement of the arbitration award is the "degree" of the judicial review.The legislative setting on this point should be scientific.In this paper,preliminary and immature research,more hope to have more people of insight in this area for a more profound research.