我国商事仲裁制度改革若干建议

Suggestions to Commercial Arbitration System

随着经济全球化的发展,我国现有仲裁制度的局限与不足日渐明显,需要积极进行改革,包括:应减少对仲裁机构的行政干预,确保其独立的民间地位;借鉴外国相关立法和经验,对仲裁协议作比较宽松的规定及解释;为提高仲裁效率,应赋予临时仲裁相应的法律地位;法院对仲裁的司法干预应不断弱化,而对仲裁的协助应不断加强。

Along with development of economic globalization,China＇s current Arbitration System is encountering more and more restrictions and limitations of its own and needing some active reforms. The suggestions on that could be as follows：Firstly,to ensure its independent non-governmental status by less administrative intervention to the arbitration agency;Secondly,to broaden regulations and legal interpretations of arbitration agreement through referring to best practices and lessons learned on relative legislations of other countries;Thirdly,to give legal status to the temporary arbitration to increase the arbitration efficiency;and Finally,to gradually reduce the court judicial interventions to the arbitration and strengthen the assistance to the arbitration accordingly.