仲裁不予执行制度的反思与重构

我国现行的仲裁不予执行制度具有很多弊端,它不仅影响了仲裁裁决的稳定性,还增大了司法监督的成本,剥夺了当事人上诉或寻求其他救济的权利,不具有科学性,既不符合效益原则,也违反了司法对仲裁监督的基本原则。因此,需要对不予执行仲裁裁决的规定进行反思和重构。重构有两种思路,一是取消不予执行仲裁裁决的规定,二是改由法院的立案庭作出不予执行的裁定,并赋予对裁定的上诉权。

On the Reflection and Reconstruction of the Arbitral Non——enforcement System

The current arbitral non-enforcement system of China boasts lots of abuses,which not only affects the stability of arbitration award,but also increase the cost of judiciary supervision,deprives the party concerned of the rights of appeal and of seeking other relief means.This system is not scientific.It is not in the line with efficiency principle,and violates the principle in which arbitration is under supervision of jurisdiction.Therefore,Reflection and reconstruction must be performed on the non-enforcement of arbitration decision.Reconstruction has two channels: one is canceling the non-enforcement arbitral decision;the other is the non-enforcement decision is supposed to be made by the court's office of keeping special cases on file for investigation and prosecution.