仲裁财产保全决定机构之辩证与重构

Arbitration Attachment of Decisive Organization of Discrimination and Rebuilding

财产保全作为一种法律上的强制性措施在任何国家通常都极受重视,其决定机关更是学界关注的焦点。我国仲裁财产保全只能由人民法院决定的做法目前在理论与实践中均面临尴尬,亟待解决与完善。本文通过对法院、仲裁庭和仲裁委员会决定仲裁财产保全的法律分析,结合国外相关制度的操作,提出了重构我国仲裁财产保全决定主体的设想,以期契合仲裁理论与实践的发展。

The attachment is usually regarded as a legal compulsory measures in any country and its decisive organization is paid more attention by academe. The attachment is only decided by People's Court in China faces embarrassment,so this problem should be solved shortly. This article analyzes arbitration attachment of decisive organizations such as People's Court?arbitral tribunal?arbitration commission and interrelated overseas system. At last the author brings forward the thought that rebuilds arbitration attachment of decisive organization in China.