对司法监督国内仲裁的批判性重构

A Critical Reconstruction of Judicial Supervision over Domestic Arbitration

司法对仲裁监督或者支持,决定和界分了一国仲裁发展的趋势。我国长期以来司法对仲裁的监督大于支持,而且实行内外有别的审查规定,严重制约了我国国内仲裁的发展。检讨司法对国内仲裁监督的诸多弊端,提出支持大于监督等完善之策,是国内仲裁得以健康发展的必由之路。

Judicial supervision or support to arbitration determines and specifies a nation＇s arbitral development orientation. Over a long period of time, China＇ s judicial organs have exercised more supervision over arbitration than they have afforded support to it, and followed the principle of examination that can distinguish between insiders and outsiders,so as to prevent the development of our countryf s domestic arbitration. Therefore, it is necessary to examine these malpractices in judicial supervision over domestic arbitration and adopt supportive measures in order to ensure the healthy development in this regard.