On The System Of Arbitrators' Rights Relief

Law is the last barrier to protect the rights of people. In the maintenance of civil rights, plays an important role in solving civil dispute. Eighteen big fourth plenary session stressed that the law must be more perfect, including mediation, arbitration and litigation, the diversification of the dispute settlement mechanism, respect the authority of the law, better play to action of civil rights protection and relief, and to encourage people to actively use other dispute resolution mechanisms to resolve civil contradictions, maintain their own rights and interests, especially the arbitration system to further improve, giving full play to the advantages of the arbitration, and improving the credibility of the arbitration. Solve a civil dispute by means of litigation, not only can make the solution of the dispute more completed, more authoritative, also can protect the interests of the litigation to a third person. But in the proceedings, the parties can not freely determine the jurisdiction of the court, litigation and its process, during the second instance court after the judgment or ruling party refuses to obey can also start the second instance and retrial procedure. The complicated proceedings has increased the economic burden and mental stress, the dispute the rights and obligations of both sides relations has always been in a state of flux, the position of parties in the process of lawsuit which also contributed to the antagonism between the two sides, civil and commercial subject activity further causing for worry. The arbitration as a way of independent dispute resolution, can solve the above problem well. But in judicial practice, the arbitration usually only to settle disputes between the parties, the arbitral award involved is confined to dispute the main body content of the rights and obligations of both sides. Along with the rapid development of society and economy, civil and commercial subject interests relationship between increasingly close, which makes the arbitration results may be related to an outsider, and even may cause adverse effects counterproposal outsiders rights, therefore, how to counterproposal outsiders rights protection, becoming one of the major problems needed to resolve. But in judicial practice, most of the arbitral award is both sides of the disputes, the parties nowadays people contact more closely, more and more disputes, the arbitration results also more diversified, sometimes the result of the ruling could damage the rights and interests of an outsider, at this point, how to seek relief an outsider, more and more get the attention of scholars. Arbitration is analyzed from the perspective of legal practice outside the main reasons of the lack of right remedy, accordingly counterproposal outside the establishment of the right remedy system and puts forward some opinions. The structure of the party rights remedy not only solve complicated disputes in real life making the legitimate rights and interests of the parties subject to get maximum security, but also can save the judicial resources in order to safeguard social fairness and justice, to better promote the construction of China’s rule of law,and to realize the Chinese dreams.