The Study On The Remedy System Of Third Person's Rights In The Arbitration

The earliest form of legislation protecting the rights of the third party who is not involved in the arbitration raises France. France in the proceedings provided for the third party to suit the arbitral award. In addition, In order to provide comprehensive protection to the third person'rights, France also setting the third person action regarding objection to enforcement of a arbitration awards in the procedure of coercive execution in civil cases. The essential of the system of France is to make the person who is not involved in the arbitration raises mentioned above receive afterwards relief to withstand detrimental influence of effective arbitration awards.In the article, firstly, the basic theory of the third person'rights protecting are introduced, include inherent defects of Arbitration, the expansion of arbitration awards theory and the third party'procedure protection right after arbitration awards. The writer draw a conclusion is the third person'rights require relief, and the arbitration needs for judicial supervision, however, judicial supervision of arbitration and the arbitration of autonomy to maintain balance.In extraterritorial, the third person'right protecting of arbitration has mature legislative precedent. In the second chapter, such systems in France, Germany, Japan and Macao Special Administrative Region are introduced. The system divides into the independent procedure of discharging the arbitration awards by he third party and the third party carries out the objection to sue arbitration awards in the executive routine. This article inspected France's system with emphasis, has evaluated German, Japan and Macao Special Administrative Region area legislation are introduced. Successful experience on such system of the above country and regions can be used for reference to construct the similar system of our country.In the practice of our country arbitrates has also emerged the fact that the third party'rights have been violated. This is mainly due to the interests of substantive law involved in relationships, the lack of credibility in the transformation mechanism of our country and the parties pursue self-interest orientation. However, China's legislation does not provide for the third party an effective way of relief. The third party'legal subject status being marginalized. Whatever your reason for considering the needs of China's practice or the improvement of legislation, our country should set up effective channels for the third party to protect their legitimate rights and interests.First we should determine the system's function of the third party'right protecting. First is also most importantly is that the third party entity right relief. Under the guidance of this principle, the author explores to setting the third party'rights protecting. I do not think that he suit of the third party discharging the arbitration awards should be included in the Action of the parties to set aside an arbitration award system or The litigant applies not to give the execution arbitration award system, but should be belong in the document of the suit of the third party discharging the judgment which the scholar studies. In addition, the third person to carry out the objection to sue the system in our country should be perfected, and consummates the related necessary system to safeguard its smooth implementation.