困境与消解：我国仲裁机构的去行政化研究
Dilemma and Resolution: A Study on the De-Administration of Arbitration Institutions in China

仲裁机构作为解决双方争议，作出仲裁裁决、解决当事人之间纠纷的常设性组织起源于民间。但在目前实践中我国仲裁机构去行政化的情况却不容乐观，即便1995年开始实施的《仲裁法》中明确规定行政机关与仲裁机关应无隶属关系，但因种种原因，我国大部分仲裁机构仍保有浓重的行政色彩。在这样的情形下，我国大部分仲裁机构与其本质属性相去甚远，行政化色彩过于浓重已不能完全适应现阶段市场经济发展和国际经济交往的需要。本文将在解析仲裁机构行政化具体表现的基础上，提出去行政化的思路。
As a permanent organization to settle disputes between the parties, make arbitral awards and settle disputes between the parties, arbitration institutions originated from the people. However, in the current practice, the situation of de-administration of arbitration institutions in China is not optimistic. Even though the Arbitration Law, which came into effect in 1995, clearly stipulates that administrative organs and arbitration institutions should not be subordinate to each other, most arbitration institutions in China still retain strong administrative colors for various reasons. Under such circumstances, most of China’s arbitration institutions are far from their essential attributes, and the administrative color is too heavy, which cannot fully meet the needs of the development of market economy and international economic exchanges at the present stage. On the basis of analyzing the concrete performance of administrative arbitration institutions, this paper puts forward some ideas of de-administration.