Protection Of Rights And Interests Of Outsiders In China's Civil And Commercial Arbitration Procedure

Along with the economic development of our country,people's awareness of the rule of law and rights protection has been continuously strengthened,bringing not only the advancement of the rule of law in our country,but also the shortage of judicial resources.As one of the multiple dispute resolution methods,arbitration has its own advantages of high efficiency,flexibility and confidentiality,and has the same enforcement effect as the legal documents made by the court.While the arbitration system has its advantages,it will inevitably be exploited by people who are interested in it,resulting in serious infringement of the rights and interests of outsiders in arbitration in civil and commercial arbitration proceedings.Whether and how to protect the legitimate rights and interests of outsiders in civil and commercial arbitration proceedings? Under the background of comprehensively promoting the rule of law and making every citizen feel fair and just in every judicial case in our country,we cannot help asking how to protect their rights and interests when we get a positive reply.To face up to and strengthen the research on outsiders in civil and commercial arbitration proceedings is not only conducive to making up for the dilemma of protecting outsiders when they are infringed in practice,but also can play a role in promoting the healthy and stable operation of the arbitration system.In addition to the introduction and conclusion,this paper consists of four chapters.Among them,the introduction part leads to the topic of this paper through the form of a case,and further puts forward the research issues and research significance,sorts out the research status quo of outsiders in arbitration cases,clarifies the research ideas and clarifies the research methods selected by this research institute.The first chapter analyzes the theory of protecting the rights and interests of outsiders in civil and commercial arbitration proceedings.Based on the theory of outsider in civil and commercial arbitration proceedings,this chapter clearly defines the scope of outsider in civil and commercial arbitration proceedings,the type,reason and protection significance of infringement on the rights and interests of outsider.This paper holds that the definition of outsiders in arbitration cases needs to be differentiated from the concept of arbitration parties,and the condition that the opposite sides of arbitration parties have an interest in the arbitration results is sufficient.Through the analysis of the types,causes and protection significance of the infringement of the rights and interests of outsiders in the arbitration case,this paper makes a theoretical foreshadowing for the following research.Chapter II Investigation on Protection of Rights and Interests of Outside Parties in Overseas Civil and Commercial Arbitration Proceedings.From the perspective of the practice of major countries in the two legal systems and the arbitration rules of well-known international arbitration institutions,this chapter explains the protection measures of outsiders in civil and commercial arbitration proceedings under arbitration proceedings and judicial supervision.In this paper,we believe that when we draw lessons from foreign countries and arbitration institutions on the protection of the rights and interests of outsiders,we need to carefully consider the particularity of the arbitration system itself,at the same time,we also need to combine the special national conditions of our country with the problems existing in our judicial practice according to local conditions.The third chapter is the practice of protecting the rights and interests of outsiders in civil and commercial arbitration proceedings in China.This chapter mainly analyzes the measures taken by local courts to protect outsiders in arbitration cases and the introduction of the new system of non-enforcement of applications by outsiders,and on this basis analyzes the problems and causes of the above measures.This article holds that due to the lack of legal provisions,courts around the world use public interest clauses to protect outsiders in arbitration cases,and the ambiguity of the definition based on the concept of public interest lacks universality of application.However,there are limitations in the scope of protection of the system of non-enforcement applied by outsiders.In order to solve the above problems,the Arbitration Law needs to be amended accordingly to strengthen the protection of outsiders in civil and commercial arbitration proceedings.The fourth chapter is the perfection of the protection of the rights and interests of outsiders in civil and commercial arbitration proceedings in China.This chapter explains the perfect suggestions for protecting the rights and interests of outsiders in civil and commercial proceedings from four aspects: revising and perfecting the Arbitration Law,perfecting the judicial interpretation,perfecting the arbitration system and supporting mechanisms.This paper holds that the Arbitration Law should be revised and perfected to raise the protection of the rights and interests of the outsider in civil and commercial proceedings to a legislative level,and that the lawsuit of canceling the arbitration award by the outsider in the Arbitration Law should be more effectively and efficiently protected.On the improvement of judicial interpretation,the system of non-execution of the application by outsiders is improved.At thelevel of the arbitration system,on the premise of ensuring the stability of the arbitration system,there are conditions to introduce outsiders in civil and commercial arbitration proceedings into the arbitration proceedings,so as to resolve conflicts at the source stage.In terms of supporting measures,strengthen publicity,create a good arbitration atmosphere,strengthen the management of lawyers and punish false arbitration parties;So as to establish an efficient and strict law net for the protection of the rights and interests of outsiders in arbitration cases.