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仲裁与司法是我国互为补充的两种解决民事纠纷的法律途径。仲裁对司法起辅助作用;司法对仲裁起支持和监督作用。然而,由于立法的缺陷,仲裁与司法的这种相互作用并没有得到充分的发挥。为协调仲裁与司法监督的关系,应对《仲裁法》作以下修改:明确仲裁庭对仲裁协议有效性具有优先决定的权利;取消对生效仲裁裁决司法监督的双重制度设置;将撤销仲裁裁决审查范围限于仲裁的程序问题;赋予仲裁庭证据保全和财产保全的权力。
Arbitration and judicature are two legal ways to solve civil disputes in our country. Arbitration plays a supporting role in the administration of justice; the judiciary plays a supporting and supervisory role in arbitration. However, due to the defects of legislation, the interaction between arbitration and justice has not been fully realized. In order to coordinate the relationship between arbitration and judicial supervision, the following changes should be made to the Arbitration Law: to clarify the right of arbitral tribunal to give priority to the validity of arbitration agreement; to cancel the establishment of dual system of judicial oversight of arbitral award taking effect; to revoke the scope of arbitral award review Limited to the procedural aspects of arbitration; giving the arbitral tribunal the power to preserve evidence and preserve property.