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由于《中华人民共和国仲裁法》的颁布、实施不久,该法到底有哪些基本原则和基本制度,目前各地各学者说法不一。这种状况不利于该法的宣传普及,也不利于该法的对外宣传。另外,无论是在国外还是在国内,仲裁法始终是一门在实践中不断完善的学科。对仲裁法已有的或应该有的基本原则和基本制度加以探讨,也很有积极意义。本文将本着有利于反映我国仲裁法的立法精神,有利于反映其基本规定和基本内容,以及有利于对内、对外宣传,有利于国内的仲裁法律教学,有利于普及仲裁法律意识及有利于进一步修改、完善仲裁法的角度,对我国仲裁法的基本原则和基本制度从细化的角度加以归纳、概括和阐述。
Due to the promulgation and implementation of the “Arbitration Law of the People’s Republic of China,” the basic principles and the basic system of the law in the end are not long before it is implemented. At present, scholars from all walks of life have different opinions. This situation is not conducive to the popularization of the law, nor is it conducive to the publicity of the law. In addition, the Arbitration Law has always been a discipline that is constantly improving in practice, both in foreign countries and in China. It is also of positive significance to discuss the basic principles and basic rules that the arbitration law has or should have. This article will be in line with the legislative spirit conducive to reflect our arbitration law, which is conducive to reflect its basic provisions and basic content, as well as conducive to domestic and foreign publicity, is conducive to domestic legal teaching of arbitration, is conducive to popularizing the legal awareness of arbitration and is conducive to Further amend and perfect the point of view of the Arbitration Law, summarize and elaborate the basic principles and basic system of the Arbitration Law of our country from the detailed point of view.