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Research On False Arbitration Law

Posted on:2020-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiuFull Text:PDF
GTID:2416330575475898Subject:Law
Abstract/Summary:PDF Full Text Request
China is in a period of rapid development of society.People's demand for society is growing.People's moral integrity is missing.In order to obtain more economic benefits,some offenders take advantage of the arbitration system.Some people use false arbitration to damage the legitimate rights and interests of outsiders.The problem to be solved in the administration of justice is to identify false arbitration.False arbitration refers to the acquisition of illegal interests by the relevant parties to the arbitration.It usually adopts fictional facts,falsifying case evidence materials,and obtaining methods of arbitration documents.It is difficult to be discovered because the evidence submitted by false arbitration is simple and the method of closing the case is fast.We need to take measures against false arbitration.False arbitration infringes on the interests of outsiders.False arbitration affects normal arbitration proceedings.False arbitration has a negative impact on the credibility of arbitration and is not conducive to the healthy development of the arbitration system.However,at present,China's legal regulation of false arbitration is still not perfect,and it is impossible to achieve the purpose of comprehensively protecting the legitimate rights and interests of outsiders in arbitration cases.The article mainly focuses on the prevention and regulation of legal issues in false arbitration.The article analyzes the problems in the prevention of false arbitration in the current legislation lacking the operability of identifying false arbitration and the lack of effective punishment for the perpetrators of false arbitration cases.At present,the methods of confrontation against false arbitration mainly include applications for revoking arbitral awards,applications for non-execution,filing of infringement suits,and filing of objections to enforcement of disputes,but these channels are still insufficient.Finally,the article proposes countermeasures and suggestions for dealing with false arbitration.That is to further clarify the arbitral institution's defense and governance responsibilities for false arbitration.The supervision of the arbitration institution should be strengthened,and the mechanism for investigating the civil liability of false arbitration should be established.Thearticle proposes to add false arbitration crimes in the criminal law to make up for the shortcomings of the existing legal system.For the false arbitration case,the outsider can effectively exercise the right of relief and prevent the phenomenon of false arbitration.The article reveals the types of frequent cases of false arbitration in practice.Based on the real cases in practice,this paper makes an in-depth and intuitive analysis of the causes of false arbitration.This paper uses comparative analysis methods to examine the legal regulations of France,Germany,Japan,Greece,Switzerland and other countries.In view of China's current practice of false arbitration legal regulation,this paper proposes false arbitration legal regulation measures from the perspective of national conditions.In the article system,this article starts with the definition of false arbitration.This paper first summarizes the research status and defines the concept of false arbitration.Then this article combines the case to analyze the causes of false arbitration one by one.This paper believes that the occurrence of false arbitration is in the following points,such as the lack of a social credit system.The legislative provisions of the current arbitration system are not perfect.Infringement punishment measures and criminal responsibility identification are unknown.By studying the problem of false arbitration law,this paper concludes that false arbitration must be regulated and can be effectively regulated.The full text is divided into six parts.The introduction focuses on the research background,actual status,research methods,innovation points and research significance of false arbitration.The second chapter describes the concept of false arbitration,the type of frequent,and the characteristics.The third chapter is about the legal issues of false arbitration and the reasons for its formation and regulation.The fourth chapter deals with extraterritorial legislation.The fifth chapter puts forward suggestions for perfecting prevention and regulation.The conclusion part summarizes and summarizes the full text.The article recognizes its essence by analyzing the problem of false arbitration law.The article proposes measures to prevent and regulate.This article is of great significance for regulating false arbitration and safeguarding the legitimate rights and interests of citizens.
Keywords/Search Tags:False arbitration, Rules and regulation, Arbitration system, Revoke the arbitral award, Not implemented
PDF Full Text Request
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