对两个相冲突法条的比较与思考

    A Comparative Study of Two Conflict Legal Provisions

    • 摘要: 民诉法适用意见第148条与仲裁法第26条存在冲突。适用意见第148条比仲裁法第26条的规定相对合理;但因没有赋予双方当事人合意选择仲裁的权利,适用意见第148条也有其不足之处。

       

      Abstract: No.148 of the application interpretation of Civil Procedural Law of the People's Congress by the Supreme People's Court conflicts with No.26 of Arbitration Act of the People's Congress.No.148 of the application interpretation of Civil Procedural Law of the People's Congress by the Supreme People's Court is more reasonable than No.26 of Arbitration Act of the People's Congress.No.148 of the application interpretation of Civil Procedural Law of the People's Congress has shortage of lacking procedure option of arbitration.

       

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