Arbitration False Identification And Legal Regulation

Arbitration system for a long time, as a kind of simple and efficient alternative dispute resolution mechanism, in the litigation explosion today, for resolving civil and commercial disputes plays an increasingly important role. In recent years, however, with the transformation of social economy and development of judicial practice frequent parties using false phenomenon of arbitration of the legitimate rights and interests damage to an outsider. How to define, identify such behavior, and carries on the effective regulation, has become a problem to be solved in the judicial practice. However, scholars at home and abroad have no in-depth research, has not formed a clear and unified opinion. In China, the concept of false arbitration in the theoretical circle of law is not widely recognized, many people confuse it with malicious arbitration, fraud, and on how to regulate false arbitration behavior also lack of comprehensive and specific research; Abroad, especially in common law countries, the false, within the scope of the arbitration act covers in malicious arbitration once identified as false arbitration, often have to bear the adverse consequences of litigation, but due to the tradition of case law of Anglo-American law system, the recognition of this kind of behavior and regulation is not clear and comprehensive. This paper aims to false arbitration to explore, to identify and regulate this kind of behavior, constructive Suggestions are put forward. In this paper, we use empirical analysis method, based on real cases in the judicial practice, characteristics of false arbitration conducted in-depth analysis and intuitive; Using comparative analysis method has been clear about the false the differences between arbitration and relevant concepts; Using typed method reveals the different types of false arbitration cases in practice; In addition to legal analysis, but also try to system research method, the integrated use of the relevant principles of sociology, economics to explore the cause of false arbitration. On the article system, in this paper, first of all, from the perspective of the definition of false arbitration, combined with the practice of the behavior characteristic, reveal its essential feature, and by comparing the difference between its and related concepts, made accurate definition for its connotation. Then this paper from the aspect of social and legal level respectively, analyzes on the causes of false arbitration, think that the lack of social credit system, loopholes existing in the current arbitration system, tort law and the criminal responsibility mechanism factors such as the absence of all false objectively promoted the arbitration. On this basis, this paper proposed an outsider to withdraw the arbitration proceeding, specific tort liability to pay compensation, increasing the number of false arbitration of concrete measures such as sin, hope from the procedure, civil and criminal three aspects to perfect relevant legislation, finally realizes the effective regulation of arbitration is false.