“商事仲裁机构监管与治理机制”概念的提出对于分析和解决我国仲裁机构发展中存在的特定问题有重要意义。这一对仲裁机构进行规制的综合制度体系也是国家与社会的互动关系在仲裁领域的表现。运用国家与社会关系这一西方理论来分析中国的仲裁制度是有一定效用的。商事仲裁机构的监管与治理机制是国家与社会对仲裁机构进行规制的结合,是一个以行政机关、司法机关、仲裁协会、仲裁机构为实施主体,以仲裁机构为监管对象,以仲裁机构的仲裁活动为监管内容的相互联系、相互发生作用,共同保障仲裁公正、效率和自治的制度体系。其构成包括国家层面对仲裁机构的监管机制即行政监管和司法监督,以及社会层面对仲裁机构的治理机制,即仲裁协会的行业治理和仲裁机构的内部治理。我国面临的国家与社会关系模式的转型对仲裁机构监管与治理机制提出了挑战。 The introduction of the concept of “regulatory and governance mechanism of commercial arbitration institutions” is of great significance for analyzing and resolving the specific problems that exist in the development of our arbitration institutions. This system of comprehensive system of regulation of arbitration institutions is also a manifestation of the interaction between state and society in the field of arbitration. It is useful to analyze China’s arbitration system by using the Western theory of state-to-society relations. The regulatory and governance mechanism of commercial arbitration institutions is a combination of state and social regulation of arbitration institutions. It is an administrative body that takes administrative organs, judicial organs, arbitration associations and arbitration institutions as the executive bodies, arbitration institutions as the regulatory objects, arbitration institutions’ arbitration Activities are the interrelated and mutually influential elements of supervisory content, and jointly guarantee the institutional system of fairness, efficiency and autonomy in arbitration. Its composition includes the supervisory mechanism of the arbitration institutions at the national level, that is, the administrative supervision and judicial supervision as well as the governance mechanism of the arbitration institutions at the social level, that is, the industrial governance of arbitration associations and the internal governance of the arbitration institutions. The transformation of the model of the relationship between state and society in our country poses challenges to the regulatory and governance mechanism of arbitration institutions.