Study On The Legal Liability Of Arbitrators

As an impartial third party,the arbitrator shall have authority to decide on the procedure of submitting evidence,hearing witness and so on,and have authority to make determinations,they are the core,soul of arbitration system.So their misconduct will not only injures the interests of the party involved,but also damage the arbitration justice and high-efficiency,influence the future of arbitration.So liability systems is very important for arbitration,as it could offset the legal rights of parties,constrain arbitrator's behavior and restore the damaged social relations.But the responsibility system of arbitrators in our country is poor,lacks maneuverability.Although there are Article 38 of the Arbitration Law and Article 339 of the Criminal Law,Article 38 of the Arbitration Law is very simple.Article 339 of the Criminal Law also have problem,except the rationality problem,its form element also have blurred connotation and practice randomness.And without the China Arbitration Association and a unified code of conduct,the self-discipline liability is missing.However,existing studies also has certain limitations.So the author decided to investigate this,using literature research and the comparative method,analysis domestic and foreign studies,analysis legislation in our country,then put forward a systematic conception.Besides preface and conclusion,the article is divided into four parts.First part: At first,this thesis defines the scope of arbitrator and liability categories in this article,and makes a brief analysis to the arbitrators;then this thesis sums up the research status home and abroadSecond part: Analyze the arbitral property after comparing the current studies,This will be a key factor in the way talking about liability systems.Meanwhile,this paper puts forward three basic principles in liability systems.Third part: Based on national legislation and arbitration committee's management,this paper analysis existing rules in our country,and figures out problems in it.Fourth part: Based on civil liability,criminal liability and self-regulation,this paper puts forward the suggestion to set up liability framework.