关键词: 虚假商事仲裁, 检察机关, 法律监督, 调查取证, 检察建议

Abstract: Under the requirement of strengthening the legal supervision of procuratorial organs in the new era, the procuratorial organs have gradually put on the agenda to strengthen the civil legal supervision of false commercial arbitration. Considering the limitations of the arbitration system and the arbitration institutions, the lack of initiative of the people's court in judicial review, and the lack of reasonable right relief channels for outsiders and parties involved, the procuratorial organ becomes a suitable subject for the implementation of legal supervision of false arbitration due to its obvious advantages in functional positioning, active review, investigation and collection of evidence. However, at present, procuratorial supervision is faced with difficulties such as few clues, difficult investigation and verification, and the fact that procuratorial supervision only operates at the implementation stage. In this regard, we suggest that procuratorial organs strengthen the mechanism of collecting and transferring clues, fully utilize the power of investigation and verification, moderately expand the scope of fake arbitration supervision, strengthen internal and external cross-department cooperation, comprehensively and flexibly produce and issue procuratorial suggestions, and improve the quality and effectiveness of procuratorial supervision of fake commercial arbitration.

Key words: false commercial arbitration, procuratorial organs, procuratorial supervision, investigation and evidence collection, suggestion from prosecutorial organs