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30年来首次修订迎新进展,仲裁法再调整外部监督条款
Di Yi Cai Jing· 2025-05-08 12:32
Core Viewpoint - The revision of the arbitration law in China is progressing, addressing the need for improvement in arbitration institutions and the quality of arbitrators, as well as introducing regulations to combat false arbitration and enhance international cooperation in arbitration [1][3][8] Summary by Sections Current State of Arbitration Institutions - China has nearly 300 arbitration institutions, with significant disparities in case handling capabilities and the quality of arbitrators across different regions [1][3] - Many arbitration institutions handle a limited number of cases, leading to an imbalance in their operations [1][3] Revision of Arbitration Law - The first revision of the arbitration law in 30 years is underway, with the second draft open for public consultation after review by the National People's Congress Standing Committee [1][3] - The first draft introduced changes to foreign-related arbitration systems, internal governance of arbitration committees, and management of arbitrators [1][3] - The second draft adds provisions to support international cooperation in arbitration and regulates false arbitration [1][3] Internal Governance of Arbitration Institutions - The first draft defined arbitration institutions as public welfare non-profit entities, promoting their independence and alignment with international practices [3] - The second draft includes requirements for the term and rotation of arbitration committee members, mandating a five-year term with at least one-third of members replaced upon re-election [3][4] Concerns Over Administrative Oversight - The introduction of external administrative oversight in the first draft has sparked debate, with concerns about potential direct interference in case handling by judicial administrative departments [2][6][7] - The second draft modifies the language regarding oversight to alleviate fears of administrative intervention, suggesting a focus on planning and guidance instead [6][7] Need for Professionalism and Independence - There is a consensus among industry experts that ensuring the independence and professionalism of arbitrators is crucial, advocating for the appointment of independent legal and technical experts [4][7] - The second draft stipulates conditions under which arbitrators can be disqualified, emphasizing the need for clear criteria to ensure the integrity of arbitration [4][6] Broader Implications for Arbitration - The revision of the arbitration law is seen as a necessary step to enhance the credibility of arbitration in China, particularly in light of the varying levels of arbitration quality across different regions [7][8] - The integration of arbitration into grassroots governance and the handling of civil disputes is highlighted as a significant development, expanding the scope of arbitration beyond commercial cases [8]
十四届全国人大常委会第十五次会议在京举行 审议民营经济促进法草案、生态环境法典草案等 赵乐际主持
Xin Hua She· 2025-04-27 13:10
Group 1 - The meeting of the Standing Committee of the National People's Congress (NPC) focused on various legislative proposals, including the draft law on promoting the development of the private economy, which aims to enhance legal protections for labor rights and create a favorable legal environment for high-quality development of the private sector [2] - The revision of the Infectious Disease Prevention Law was discussed, emphasizing the responsibilities of health authorities and improving measures for epidemic control and medical institution capabilities [2] - The draft amendment to the Atomic Energy Law was presented, highlighting the importance of a rational and coordinated approach to nuclear safety and promoting the application of nuclear technology in various fields [2] - The revision of the Arbitration Law was also reviewed, which includes provisions for enhancing international cooperation in arbitration and improving the support system for arbitration by courts [2] Group 2 - The compilation of the Ecological Environment Code is a significant legal initiative aimed at integrating existing environmental laws and reflecting Xi Jinping's ecological civilization thought [3] - The State Council proposed a draft law on national development planning to enhance macroeconomic governance and ensure the implementation of national development strategies [3] - A draft amendment to the Prison Law was introduced to improve prison safety and the quality of education and rehabilitation for inmates [3] - The State Council also presented a proposal for adjusting the Seed Law regulations in the Xinjiang Free Trade Zone [3] Group 3 - The meeting included discussions on international treaties, such as the agreement on the transfer of sentenced persons with Ethiopia and the judicial cooperation agreement with Saudi Arabia [4] - The report on the 2024 environmental status indicated that all ecological quality improvement targets were met, with public satisfaction exceeding 90% for four consecutive years [4] - The report on state-owned asset management for 2023 highlighted the handling of audit findings and the implementation of corrective measures [4]