Research On The Arbirator Legal Liability System

In modern economic activities, domestic and international trade exchanges between the increasingly close, the economic globalization gradually appear, civil and commercial disputes are increasingly more and more complicated.International commercial arbitration as a means of settlement of international disputes, is more and more widely used in the world with its advantages of flexibility. The arbitrator liability system is one of the decisive factors for the development of the cause of the arbitration.The arbitrator is the soul of the arbitration procedure, it depends on the quality of the arbitration cases.Therefore it is necessary to establish and perfect the arbitrator legal liability system.The existing provisions on the arbitrator legal liability system in China is mainly "arbitration law" article 38, and criminal law amendment (6), the legal office of the state council releases some normative documents. In general, the regulation of our country of the arbitrator legal liability is not clear, lack of maneuverability.The arbitrator legal liability system is to be perfect. This paper starts from the status quo of arbitrator liability system in China, combining with other relevant national legislation and practice of the arbitrator liability system, putting forward suggestions for the perfect arbitrator legal liability system.This article is divided into four chapters:The first chapter expounds the arbitrator liability system and category. It mainly introduces the definition of the arbitrator, mainly includes the basic meaning of the arbitrators and qualification; The second part introduces the meaning and content of legal liability, discussing the specific legal responsibilities which it includes; The third part mainly introduces the legal meaning of arbitrator liability system, expounding the necessity of establishing the arbitrator liability system.The second chapter discusses the theory and practice of arbitrator legal liability legislation. The first part of this chapter mainly introduces the civil legal liabilities of arbitrators legislative theory, making a detailed analysis on the three kinds of view on theory of arbitrator civil liability legislation,The second part mainly introduces the criminal liability of arbitrator, making a detailed introduction on the legislative practice of criminal responsibility, analyzing of the necessity of setting the arbitrator criminal responsibility.The third chapter analyzes the present situation of the study on arbitrator liability system in China. This chapter is divided into two parts, the first part introduces the arbitrator responsibility in our country related laws and regulations from the actual situation in our country; The second part puts forward the problems of the arbitrator liability regulations in our country on the basis of analyzing the status quo.The fourth chapter puts forward some suggestions on the establishment of the arbitrator legal liability system in China,on the basis of the above, mainly based on the analysis on the present situation of our country in view of the problem, putting forward solutions form different angles which includes industry responsibility, civil liability,criminal liability and moral responsibility.