Analysis On The Problem Of Arbitration Mediation System

in the civil and commercial activities of our country,arbitration is an effective and convenient way to solve disputes.The arbitration system affects our life with its unique charm,and the arbitration mediation system is more advantageous because of its unique advantages.However,judging from the practice of arbitration,with the increase of the number of civil and commercial disputes,the complexity of the dispute is also increasing.Especially in the field of arbitration and mediation,arbitration mediation system It is often seen.parties use legal blank damage to the third party rights case,is the arbitration mediation system is not perfect for malicious parties can take advantage of the machine.Therefore,the perfection of the arbitration mediation system is imminent.Only by constantly improving and refining the legal system of mediation,can we protect the legitimate rights and interests of the victim,and make the mediation system better play its role and value.From the point of view of the current mediation system,it has many deficiencies,this paper selects two cases,the main aspects of the arbitration mediation system discussed the problem,thinking and suggestions for the perfection of the arbitration mediation system is put forward.This paper mainly discusses the following aspects:First,introduces the case and put forward the problems,through the analysis of the case and the parties malicious collusion against the interests of the third party mediation right agent for arbitration mediation cases against the interests of others leads to our current arbitration mediation system problems.Secondly,it introduces the concept,value and relevant legal provisions of the arbitration mediation system.Starting from the concept of arbitration mediation,arbitration mediation system analysis system function and value,and then through the introduction of the present arbitration law,to further clarify the situation of China's current system of arbitration mediation.Third,through the analysis of the case leads to the mediation of the interests of the third party in the infringement of the problem,analysis of the causes of the victims of the third,proposed to protect the interests of the people of the legislative proposals and measures to improve the third.Fourth,through the analysisof the issue of revocation case two leads to the establishment of arbitration mediation,revocation of arbitration mediation system for angle of view,discusses the necessity of the establishment of the system and the revocation of arbitration mediation in two aspects of reasons,and the legislative defects of arbitration mediation system in our country put forward some thinking and suggestions.Fifth,it introduces the legal consequences of the cancellation of the mediation agreement by the people's court.According to the mechanism of arbitration mediation is revoked or not enforced,revoked or not to execute the arbitration mediation in two aspects put forward their own proposals through the application of third people or parties,the arbitration mediation system in China has been further improved.