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我国现行的仲裁不予执行制度具有很多弊端,它不仅影响了仲裁裁决的稳定性,还增大了司法监督的成本,剥夺了当事人上诉或寻求其他救济的权利,不具有科学性,既不符合效益原则,也违反了司法对仲裁监督的基本原则。因此,需要对不予执行仲裁裁决的规定进行反思和重构。重构有两种思路,一是取消不予执行仲裁裁决的规定,二是改由法院的立案庭作出不予执行的裁定,并赋予对裁定的上诉权。
The current system of non-enforcement of arbitration in our country has many drawbacks. It not only affects the stability of the arbitral award, but also increases the cost of judicial supervision, deprives the parties of the right to appeal or seek other remedies, is not scientific, The principle of efficiency also violated the basic principle of judicial supervision of arbitration. Therefore, there is a need to reconsider and reconstruct the rules on non-enforcement of arbitral awards. There are two ways of reconstructing. One is to abolish the non-enforcement of the arbitral award, the other is to change the court’s case-filing court to make a non-enforcement verdict and grant the right of appeal to the award.