On The Crime Of Arbitrators

June29,2006, the Tenth National People’s Congress Standing Committee passedthe "Criminal Law Amendment (f)",20:"The arbitration shall bear theresponsibilities of personnel, perverting the law intentionally runs counter to the factsand law in the arbitration activities ruling, the case is serious, at3years ofimprisonment or criminal detention; circumstances are especially serious, than threeyears but not more than seven years in prison, and that the establishment of the newcharges of "perverting the law arbitration sin amendment. Into the crime of torture sofar, has not yet introduced the relevant judicial interpretations and legislativeinterpretation, it is necessary that sin in the judicial practice the understanding andapplication of the detailed anatomy, in order to solve this crime exists greateruncertainty, correct guiding judicial practice.This paper is divided into three chapters, respectively, from the understandingand application of the constituent elements of the crime of Arbitrators, judicialdetermination Legislative Defects and Perfection of Legislation angles are discussed.The first chapter is the constituent elements of the crime perverting the lawarbitration. The author discusses the subject, the object of the offense of Arbitrators,subjective, objective aspects. This sin is a special subject, the Department ofarbitration law arbitration shall bear the responsibilities of personnel; object of thiscrime has a dual property, arbitration First, China’s arbitration body normal activitiesand the legitimate rights and interests of the party to the arbitration. The subjectiveaspects only be willful negligence can not constitute the crime of perverting the lawarbitration. According to legal principles, the objective aspect of criminal activitieswith the objective external performance, ruling that arbitration activities forperverting the law contrary to the facts and the law, the circumstances are seriousbehavior.The second chapter is the Crime of perverting the law arbitration. This chapter includes: Zuiyufeizui and crime of Arbitrators and civil administrative offense ofcapricious and arbitrary, Arbitrators sin and crime of providing false documents,Arbitrators crime of accepting bribes, the crime of commercial bribery competing thiscrime with which he identified The delimitation of the crime, as well as how toidentify intentional.The third chapter is perverting the law arbitration sin Legislative Defects andPerfection of Legislation. From the Crime angle, I believe that the understanding ofthe crime and the practice should be carried out under the principle of legality. Inidentified sin ago, should implement the arbitration process, fact-finding, theapplicable law, the circumstances are serious or not, etc. comprehensive judgment.Therefore grasp the legislative intent, the introduction of judicial interpretation toguide judicial practice.Is undeniable that the author level, there are still a lot of defects, study and workin the future to be the author constantly improve.The sin of perverting the law arbitration in the judicial practice of theunderstanding and application of the research in the theory and practice of greatsignificance. I hope this article will give the reader some inspiration, after all,arbitration as the way the soul of this arbitration dispute resolution plays an importantrole for the development of the arbitration cause, the arbitrator’s behavior and even insome cases determine the fate of the parties. To this end, the arbitrator Sectioncriminally responsible, in many cases, the parties the right relief necessary means.Therefore, the establishment of the crime of Arbitrators, namely the determination ofcriminal responsibility is the inevitable trend of the development of our arbitration.However, the arbitrator implemented finality execution behavior of the referee, it ismore related to the issue of value judgments and therefore should be carefullyidentified the criminal liability of the arbitrators, to prevent subjective valuejudgments on different arbitrary pressure is applied to the arbitrator, subject to penalty.At the same time, we have to develop and perfect the system of criminal liability ofarbitrators should be moments from favor arbitration industry development perspective, the optimization of the arbitration environment in order to maximize thevalue of the fairness and efficiency of the arbitration.