我国国内仲裁裁决司法监督的诉讼化模式构想

Conception on the Litigation Mode of the Judicial Supervision on the Domestic Arbitration Award

根据我国现行立法,对我国国内仲裁裁决的司法监督包括撤销仲裁裁决和不予执行仲裁裁决两种方式,但这两种监督方式无论是在立法模式上还是在具体制度上都存在严重的弊端,因此,宜建立撤销之诉和执行异议之诉实现对国内仲裁裁决全面而合理的司法监督。

According to our country＇s current legislation, the judicial supervision towards the domestic arbitration award include two methods which are revoking the arbitral awards and denying to carrying out the arbitral awards. However, there are serious defects not only in the legislative mode but also in the concrete systems. Therefore, it is necessary to build up the revoking litigation system and the objection litigation system in the execution process to construct the overall and rational judicial supervision towards the domestic arbitral awards.