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仲裁制度作为一种民间争议的解决方式,因在尊重当事人的意思自治、不公开、程序简便、专家裁断等优势而被国际商人们所喜爱。但是国家出于自身利益以及在司法和仲裁领域的传统影响力,他们通常会以国内司法监督或对外国仲裁裁决的承认与执行而不断延续着自己的影响。于是,一方要意思自治,另一方要维护国家公共利益和维持国家公权的影响力。于是,两者的矛盾在现实中就会不断显现出来。本文着重分析了民间自治性与国家权力介入的冲突实质,从而为两者的冲突的解决提供了一些路径。
As a solution to civil disputes, the arbitration system is favored by international businessmen for its advantages of respecting the parties’ autonomy, non-disclosure, procedural simplicity and expert judgment. However, out of their own interests and traditional influence in the field of justice and arbitration, the state often continues to influence itself through domestic judicial supervision or the recognition and enforcement of foreign arbitral awards. Therefore, one side should mean autonomy while the other side should safeguard the public interest of the country and maintain the influence of state power. Thus, the contradiction between the two will continue to emerge in reality. This paper focuses on the analysis of the essence of conflicts between the civil autonomy and state power intervention, thus providing some ways for the settlement of the conflicts between the two.