从事仲裁工作多年,似乎极少有人去仔细琢磨仲裁的概念,王斐弘的《仲裁概念考》弥补了此空缺,极具意义。虽然王斐弘的仲裁概念,就编者看来,亦未穷尽或恰如其分,因为这是极难定义圆满的,比如,此概念将具有不同质的劳动仲裁(非终局性)定义在内,不免因范围较广而失之于难以定义准确之弊;再比如,第三者为机构抑或是个人不清,但这却涉及到两种性质根本不同的仲裁方式;又比如,未提及仲裁应适用的程序规则易造成误解,仲裁是否可以不遵守程序?最后比如,仲裁一裁终局这个本质特征未提及亦是一大笔误。但无论如何,就此提出问题,让大家都参与争辩,此概念将会愈辩愈明,无疑是一件大好事,这是编者将此放于开篇的本意。 ——高霏—— Arbitration for many years engaged in arbitration, it seems very few people carefully pondering the concept of arbitration, Wang Fei Hong’s “Arbitration Concept Test” to make up for this vacancy, of great significance. Although Wang Feihong’s concept of arbitration does not appear to the editor to be exhaustive or appropriate, as it is extremely difficult to define the concept of arbitration. For example, the concept of labor arbitration (non-finality) with different qualifications can not be excluded from the scope Widening to the disadvantage of being hard to define. For example, whether a third party is an institution or an individual is unclear. However, it involves two arbitration methods that are fundamentally different in nature. For another example, the reference to the procedure to be applied to arbitration The rules can easily lead to misunderstandings. Is it possible that arbitration can not comply with the procedure? Finally, for example, the omission of mention of the essential feature of arbitration in arbitration is a great mistake. However, in any case, asking questions and asking everyone to participate in the debate will undoubtedly be a good thing as this concept will be more and more defensible. This is the intention of the editors to put this in the opening. - Gao Fei -