The Research Of Judicial Supervision Of Commercial Arbitration In China

Although China’s arbitration industry started late,its development has changed rapidly in recent years,especially since the reform and opening up,with the improvement of the legal environment in society,the continuous improvement of relevant laws and regulations,the quality of arbitration institutions and arbitrators is also constantly improving,and China’s arbitration industry has made remarkable progress.However,since China’s current arbitration system is not perfect,judicial supervision is particularly important.Therefore,clarifying the authority of judicial supervision has a profound impact on further improving China’s arbitration system and promoting the development of China’s arbitration cause.This paper attempts to discuss the current judicial supervision system of commercial arbitration in China,find out its shortcomings,analyze the common international rules and judicial practices of representative countries,find out the experience that can provide reference for China,and put forward relevant suggestions for improvement.On the basis of the literature analysis method and comparative analysis method to collect,sort,summarize and analyze the relevant literature of the arbitration judicial supervision system,this paper discusses the judicial supervision of arbitration in China from five parts.The first part of the introduction mainly introduces the research background,research significance,domestic and foreign status of the arbitration judicial supervision system,and the research methods adopted in this paper.The second part is an overview of judicial supervision of arbitration.It mainly introduces the meaning and characteristics of arbitration judicial supervision,explains the necessity of arbitration judicial supervision,and briefly introduces the legal provisions of arbitration judicial supervision in China.The third part mainly discusses the problems existing in the current arbitration judicial supervision system in China,mainly including: the dual-track supervision hinders the construction of the rule of law,there are loopholes in the dual supervision,the scope of judicial supervision is too broad,and the relief procedures are not perfect.The fourth part analyzes the enlightenment of some representative national arbitration judicial supervision systems to China,and briefly expounds the main judicial supervision rules of international conventions.The main judicial supervision methods and reasons for judicial supervision in the United States and France finally put forward enlightenment for China’s improvement of the arbitration judicial supervision system.The fifth part is the proposal to improve China’s arbitration judicial supervision system,and four specific measures are proposed: abolishing the judicial supervision method of non-enforcement of arbitral awards,unifying the "single-track" supervision of domestic and foreign arbitration,clarifying the reasons for supervision and improving the recognition standards,and adding relief procedures.