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仲裁制度作为一种不同于诉讼的民事争端解决机制,其本身具有专业性、便捷性、自愿性等特点,经过几个世纪的发展和实践,其在解决民事争议方面的效果和效率已经在世界范围内获得广泛的认可。利用仲裁机制解决证券争议的尝试亦有近两百年的历史。目前,我国已经初步建立以《仲裁法》为核心的证券争议仲裁法律体系,但是相比西方发达国家,我国的仲裁制度依然存在可以进一步提升的空间。本文以证券争议仲裁为视角,围绕我国仲裁制度的现状和问题展开,旨在为我国证券仲裁的完善提供有价值的建议与参考。
As a civil dispute settlement mechanism different from litigation, the arbitration system itself is characterized by its professionalism, convenience and voluntariness. After several centuries of development and practice, the effectiveness and efficiency of the arbitration system in resolving civil disputes are already in the world Wide range of recognition. Attempts to use arbitration mechanisms to settle securities disputes have also taken nearly two hundred years of history. At present, our country has preliminarily established a legal system of arbitration on securities disputes with “Arbitration Law” as the core, but there is still room for further improvement in the arbitration system in our country compared with the developed countries in the West. In this paper, the arbitration of securities disputes as a perspective, focusing on the status quo and problems of China’s arbitration system, aimed at improving China’s securities arbitration to provide valuable suggestions and references.