Research On The Judicial Review Of Preventing And Sanctioning False Arbitration

Arbitration has become an important force in the process of diversification dispute settlement.In recent years,more citizens,legal persons and other organizations have adopted arbitration as a dispute settlement method because of the characteristics of arbitration.However,when China is in the period of social transformation,the social credit system is not perfect.The offender is easy to use the arbitration system because the arbitration does not open the trial and the confidentiality of the characteristics,resulting in more and more false arbitration.The parties to the arbitration collapse in agreement on the arbitration agreement and submit to the arbitration.The parties to the arbitration make the arbitration body make a ruling by means of fictitious legal relations,fabricating facts,and forging evidence.Their actions violate the national interests,social and public interests or the legitimate rights and interests of outsiders.Outsiders are difficult to find the false arbitration because of the confidentiality of arbitration.If an outsider is found to have harmed his or her interests,he can't apply for revocation or non-enforcement of the arbitral award.There is a legal loophole in the judicial review system.This article analyzes the false arbitration in depth,and studies the status and shortcomings of the judicial review of arbitration by means of learning from foreign legislation experience.This article provides judicial relief channels for outsiders to achieve the purpose of reforming and improving the judicial review system.It is hoped that arbitration will truly become one of the ways to resolve disputes and rejuvenate.There are five parts in addition to the introduction and conclusion.The main contents are as follows:The first part mainly introduces the connotation of false arbitration and the analysis of the causes of the false arbitration.The author analyzes five aspects,including the concept of false arbitration,constituent elements,and the definition of other concepts,common manifestations and causes.It combines many real cases of judicial practice in order to clearly understand the false arbitration characterization,and then digs the essence of false arbitration.The second part mainly analyzes the necessity of regulating the false arbitration in the judicial review system of arbitration.It explores two stages in order to prove the great role of judicial review of arbitration.,including arbitration and arbitration after the end.In the course of the arbitration proceedings,first of all,the arbitration body can not impose false arbitration and the Arbitration Commission has no right to revoke the effective ruling.Secondly,the arbitration system of third parties is widely debated in academia.The author agrees with the compromise that the establishment of a third party arbitration system is an objective need,but the premise must be subject to a certain degree of restrictions to prevent abuse of the right to undermine the arbitrariness of arbitration.After the entry into force of the arbitral award,it is not scientific for the outsider to file another complaint or unjust enrichment.It wastes a lot of litigation costs,and the operation is also very difficult.Therefore,the fundamental method is to provide an outsider relief approach through the arbitration of judicial review to regulate false arbitration.The third part focuses on the current situation and shortcomings of false arbitration in judicial review.It points out that the judicial review of sanctions against false arbitration and the rescue of outsiders in the legal blind spot,including five aspects of the subject,review the statutory grounds,the scope of the review,the review process and based on public interest review.It is in order to improve the judicial review system and realize procedural justice.The fourth and fifth parts explore new legal remedies by learning from foreign experience.The article analyzes the advantages and disadvantages of the judicial review system of Sweden and Greece,and puts forward the specific regulation measures to establish the declaration of invalidation of arbitration.It is pointed out that the judicial review system must be perfected in terms of scope of application,manner of prosecution,subject,and jurisdiction.The complete judicial review system can protect the legitimate rights and interests of outsiders,in order to achieve the purpose of preventing and sanctioning false arbitration.