The Study Of The Legislation On False Arbitration

False arbitration refers to a conduct that the parties of the arbitration or other people who participate the false arbitration and have a real impact on the case forge evidence material by making up legal relationship to make the arbitrators be caught in misunderstanding and complete arbitration documents and obtain illegal rights and interests.The frequent occurrence of false arbitration results from the factors,such as the deficiency existed in the effective arbitration system,the ineffective legal regulation of false arbitration,and the lack of social credit system,etc.False arbitration infringes the rights and interests of a real obligee,is harmful to the sound development of the arbitration system,and has serious harm to society.However,the legislation on false arbitration of China is not perfect at present,which makes it impossible to realize its goal of completely protecting legitimate rights and interests of the person other than involved in the case of arbitration.In this thesis,the author makes research in similar systems of France,Germany,Japan and Macau,combines the practical exploration of the legislation on false arbitration,and puts forward the legal measures for false arbitration that are adaptable to Chinese circumstances.In order to deal with false arbitration,we should make arbitration agency ' s responsibility for preventing and governing false arbitration explicit,make false arbitration be a cause for the court initiatively to withdraw arbitral award,establish the litigation system of withdrawing arbitral award of the person other than involved in arbitration to protect his or her legitimate rights and interests,establish the mechanism of civil liability accountability for false arbitration,add the crime of false arbitration in criminal law.In addition,the regulations of the agent's criminal and administrative liability for participating false arbitration should beimproved to comprehensively crack down false arbitration and to promote a sound development of arbitration system.