The Objective of Procuratorial Supervision in Arbitration and its Realization Path
At present,the arbitration mechanism is frequently applied,but the regulation of arbitration is weak:the review and control of arbitration institutions are not strict enough during arbitration,the people's courts have a de-layed and limited scope of arbitration review,and the supervision of arbitration by the procuratorial organs is mainly in-directly achieved through supervising the enforcement actions of the courts,resulting in insufficient supervision efficien-cy.To avoid the occurrence of false arbitration behaviors that have serious social harm,affect the credibility of arbitra-tion,and damage legal authority,it is necessary to regulate them in a timely and effective manner.The procuratorial organs are legal supervisory organs,and strengthening their supervision in arbitration to prevent the occurrence of false arbitration has legal and practical feasibility.To ensure accurate and comprehensive supervision by the procuratorial or-gans in arbitration,it is possible to obtain comprehensive and accurate arbitration information to solve the problem of difficulty in discovering false arbitration leads;Eliminate the concept of unlimited promotion of private autonomy and ensure objective identification of false arbitration;Ensure timely supervision and avoid wasting judicial resources;The goal task is to reduce the impact of arbitration supervision on the agreement of the parties involved.To this end,the procuratorial organ can be included in the category of arbitration participants by means of legislation,conduct limited supervision over arbitration with a prudent attitude,identify and identify possible false arbitrations in the process of ar-bitration with the standard of reasonable doubt,and under the condition of strengthening the power of investigation and verification to ensure the authenticity and reliability of evidence,the procuratorial organ will formulate and issue procu-ratorial recommendations to arbitration institutions,public security organs,the People's Bank of China and other rele-vant units to achieve the above goals and tasks in a timely manner to stop or punish false arbitrations.
sham arbitrationprocuratorial organsparticipants in the arbitrationright of investigation and verifi-cation
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