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我国民事诉讼法明确规定了仲裁裁决由人民法院执行,并明确将不予执行的司法审查限制在少数几种情况。但在实践中,仍存在审查级别不统一、审查方式不一致等不利于商事仲裁发展的现象。为提高司法效率、增进司法权威,中共中央明确提出了“审执分离”的司法改革试点措施。从商事仲裁的角度来看,我国有必要以“审执分离”试点改革为契机,制定强制执行的单行法、建立独立的执行机制并进一步明确仲裁裁决执行过程中的司法审查主体和标准,以保障仲裁裁决的有效执行,在提高执行效率和保障司法审查公正之间寻找到最佳的平衡点。
The Civil Procedure Law of our country clearly stipulates that the arbitration ruling should be enforced by the people’s court and that the judicial review not to be enforced be limited to a few cases. However, in practice, there are still some problems such as the inconsistency in the examination level and the inconsistent examination methods, which are unfavorable to the development of commercial arbitration. In order to improve judicial efficiency and enhance judicial authority, the Central Committee of the Communist Party of China explicitly put forward the pilot measures for judicial reform of “separation of prosecution and ruling.” From the perspective of commercial arbitration, it is necessary for our country to take “Pilot Dispatch” pilot reform as an opportunity to formulate a single-line enforcement law, establish an independent enforcement mechanism and further clarify the subject and standard of judicial review in the enforcement of arbitral awards So as to ensure the effective enforcement of arbitral awards and find the best balance between improving the efficiency of enforcement and safeguarding the fairness of judicial review.