Legal Regulation And Remedy Of False Arbitration

False arbitration cases frequently happen, but the victims of the false arbitration are lack of remedy approach. The regulation and prevention of false arbitration are very weak. The unbalanced development of the arbitration system is slightly deformed in social stability relations. There are two aspects to provide procedural legal remedies for false arbitration cases. They are the civil litigation system and the arbitration system. We can separately start from the trial procedure and implement procedure in the civil litigation. And the most powerful remedy approach in civil proceedings is the action of the third party outside the case who rescinded the arbitration award, which is an independent procedure and an added part of the legislative amendments. Contrast the action of the third party outside the case who rescinded the arbitration award of France, Taiwan region of China and the Macao Special Administrative Region, it is necessary to make some adjustments in the concrete system of the main fitness, to remove the object, time limit and jurisdiction in these systems. At the same time, the implementation of the procedure in the implementation of the objection can also be used for false arbitration victim subject. But it needs to pay attention to the relationship between the implementation of the objection and the new action. The arbitration system mainly from the judicial supervision to proceed, revocation of Arbitration Awards application can test proposed by false arbitration injured subject, but to limit the scope of instituting reason and not use it and think the people’s court may take the initiative to start the justice of arbitration supervision procedure. Also through modification of the civil procedure law, China’s judicial arbitration two different methods of supervision gradually tend to be consistent, and because of refusing to execute the arbitration award is different to undo some of the characteristics of the arbitration award, the false arbitration third party’s right of relief in the disallowed execution of an arbitration decision system is no longer necessary. Compared with the legal interests of the outsiders in the false arbitration case, the regulation and prevention of false arbitration can stabilize the social relationship. False arbitration involves the field of civil, criminal, litigation and arbitration rules of the death, through tort damage compensation, criminal charges and civil compulsory measures apply regulation, at the same time through the perfection of the arbitration rules, the details and the source of reducing the occurrence of false arbitration.In order to make up for the lack of existing legal system, and provide reasonable legal relief way to the third party outside the false arbitration, I prepared this paper. If we solve these problems,it can promote the healthy development of the arbitration system, and curb the emergence of false arbitration cases. I have used literature research method, comparative analysis method to write this paper. Through building the framework in the field of civil action and Arbitration, and consummating the legal regulation about substantive law and procedural law, we hope to reduce the incidence of false arbitration, and make the arbitration system have a further development in non litigation dispute resolution mechanism field.