The Initially Search Of The Arbitrator Legal Liability System

Following with ADR's prosperous, the arbitration system is getting more and more important in the legal science theory and the legal practice's function. But during its high speed development, there also had many problems.The reson that caused many dispute litigants do not choose the way of arbitration, it is not ignoring of arbitration's inborn superiority, autonomous, highly effective, specialty, etc, but the worrying of lacking a set of perfect surveillance system, the relief measures and responsibility system, as soon as cuts the result to evolve one kind to apparent gambling to give the final word. How to safeguard the fair and the quality of arbitration has become the prominent question of country arbitrates industry. The arbitrator legal liability system takes the intrinsic restriction mechanism to carry on the rules and regulations directly to arbitrator's behavior, it should play the crucial role. But so far, the domestic and foreign theories and legislative all did not elaborate and stipulate ystematically.Be clear about the arbitrator legal liability should be the first thing to study the arbitrator legal liability system. The arbitrator's legal liability, the arbitration facilities' legal liability, the arbitration responsibility and the arbitrator civil liability are the concepts which are easy to confuse. The science relations between them are: The arbitration responsibility contains the arbitration legal liability, the arbitration legal liability including the arbitrator legal liability and the arbitration facilities legal liability. Arbitrator legal liability including arbitrator civil liability and arbitrator legal responsibility.The arbitrator legal liability system has deep rationale. Macroscopically saying, there are three consideration factor of the arbitrator undertaking the legal liability : Arbitration power's dual attributes of accurate judicature and folk ; The conflict and balance between political country and residential society, fairness and independent; The construction foundation of Arbitrator legal liability: Arbitrator duty system. Says from the concrete responsibility type, the arbitrator and litigant's relations are the arbitrator civil liability rationale, the arbitrator and litigant's relations should put in a macroscopic relationship network to carry on the inspection, there's no direct accurate judicature or the contractual relationship between them, but forms one kind of indirect authorized relations through the arbitration facilities. The arbitrator's undertaking the legal responsibility also have the very deep rationale.The research of the arbitrator legal liability's concrete system is very few in the existing theory, but only construct the concrete arbitrator legal liability system can enable this system to have operationally. The improtant constitution document of arbitrator civil, the concrete situation and the way and the procedure of arbitrator undertaking the civil liability are the arbitrator civil liability system's important contents. The arbitrator legal responsibility's essential content lies in the constitution important document of arbitrator legal responsibility, puting on record to have jurisdiction and the type.In our country, there are only two articles to carry on the stipulation of the arbitrator legal liability, namely "Arbitration act" 38th " and "Criminal law Bill for amendment(Six) " stipulate the "the crime of distorting the law to arbitrate", although these two articles have the progressive significance from certain stratification plane. But because of stipulation's careless and the feasibility is not strong, the function is not obvious in reality displays. So,we should construct a Arbitrator legal liability system in the foundation of consummating our country legislates, that both has the rationale and easily to operate : The arbitrator does not undertake the administrative responsibility, to undertake the legal responsibility in the extremely few situations, undertakes the civil liability in certain situation, undertakes the profession responsibility under the most widespread situation.