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财产保全作为一种法律上的强制性措施在任何国家通常都极受重视,其决定机关更是学界关注的焦点。我国仲裁财产保全只能由人民法院决定的做法目前在理论与实践中均面临尴尬,亟待解决与完善。本文通过对法院、仲裁庭和仲裁委员会决定仲裁财产保全的法律分析,结合国外相关制度的操作,提出了重构我国仲裁财产保全决定主体的设想,以期契合仲裁理论与实践的发展。
As a legal and mandatory measure, property preservation usually takes the most attention in any country, and its decision-making organ is the focus of scholarship. At present, China’s practice of arbitration property preservation, which can only be decided by the people’s court, is facing embarrassment in theory and practice and is in urgent need of solution and improvement. This paper puts forward the idea of reconstructing the subject of arbitration property preservation in our country through the legal analysis of the decisions of courts, arbitration tribunals and arbitration committees on the preservation of arbitration property and the operation of relevant foreign systems in order to meet the development of the theory and practice of arbitration.