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对仲裁进行司法监督是现代国家的通例,但在监督的力度上存在差异。英国和法国是商事仲裁领域中的大国,多元监督途径、适度监督的理念和内外统一的监督机制是它们的仲裁司法监督制度的基本特点。我国仲裁法以内外有别、实体监督为特点,这种监督制度存在不适应社会需要的成分。今后,我国在修法过程中应当汲取英、法等国仲裁司法监督机制中有益的经验。
Judicial supervision of arbitration is a common practice in modern countries, but there are differences in the intensity of supervision. Britain and France are great powers in the field of commercial arbitration. The multiple supervision channels, the concept of moderate supervision and the unified supervision mechanism both inside and outside China are the basic features of their judicial supervision system of arbitration. The arbitration law in our country is characterized by internal and external distinctions and substantive supervision. This supervisory system has elements that do not meet the needs of the society. In the future, our country should learn from the beneficial experience in the judicial supervision mechanism of arbitration in Britain, France and other countries in the process of revision.