论“入世”条件下中国仲裁制度的国际化

On the Internationalization of China's Arbitration Systemunder the Condition of Entry into WTO

随着中国入世和法制体系的逐步完善,中国的仲裁制度具有明显的中国特色和国际化的法律特征,尤其表现为意思自治原则的确立和体现。当前,中国仲裁制度的发展与完善,要注重立法的国际化,制定新法并修改原有相关法规,积极加入重要的国际仲裁公约,并在世界组织争端解决机制(DSU)的条件下,完善贸易政策审议机制和改革中国仲裁制度加强意思自治、仲裁独立等原则,以及协议仲裁制度、协议管辖制度、或裁或审制度和一裁终局制度,以便尽快提高中国仲裁的国际化程度。

With China's entry into WTO and its perfecting legal system, China's arbitration system has its remarkable Chinese characteristics and is legally characterized by internationalization, especially in the establishment and embodiment of principles of meaning autonomy. At present, attention should be paid to the internationalization of legislature to improve and perfect China's arbitration system not only by making new laws and revising the relative old laws and regulations but also by actively joining the international arbitration treaty. Furthermore, China has to improve the examination mechanism of the trade policy and renovate its arbitration system, to strengthen the principles of meaning autonomy and independent arbitration, the agreement arbitration system and the agreement jurisdiction system as well as the system of either arbitration or examination and the system of final arbitration under the condition of the WTO's DSU so as to raise the level of internationalization of China's arbitration.