On The Legal Regulations Of False Arbitration

Arbitration has become an important force of diversified dispute resolution mechanism in the 21 st century due to its characteristics of convenient,flexible,fast and efficient,confidentiality and independence.However,the transformation of economy promotes the development of arbitration system,but at the same time,it also promotes the phenomenon that the parties frequently use false arbitration to damage the legitimate rights and interests of outsiders in judicial practice.The phenomenon of false arbitration not only seriously infringes the legitimate interests of relevant civil and commercial subjects,but also seriously impacts the social credibility and authority of arbitration institutions.The primary task of improving the regulation of false arbitration is to define the concept of false arbitration,which has not yet formed a unified opinion in the academic circles at home and abroad.The main disputes lie in whether the scope of the subject is limited to the parties of the arbitration,whether it is necessary for the false arbitration to infringe on the rights and interests of the non-parties,and which means of conduct belongs to the false arbitration.Through the analysis of the false arbitration cases in practice,it can be found that the false arbitration subjects are often closely related to each other.In the process of trial,they often respond to the defense and evidence cross examination with a negative attitude.Loan disputes,house ownership disputes,divorce property disputes and disputes between enterprises are the high incidence areas of false arbitration.The reasons for the phenomenon of false arbitration are the lack of relief,the lack of punishment mechanism and the weak ability of arbitration institutions.China's current laws on the regulation of false arbitration can not fully protect the legitimate rights and interests of outsiders,because its focus is to prevent false arbitral awards from entering the enforcement process.The procedural legal relief of false arbitration cases is mainly reformed and improved from the perspective of civil litigation system and arbitration system.The third party cancellation action in the civil litigation system is the most powerful way of relief to the outsider in the litigation procedure.Referring to the third party cancellation action system of our country,combined with the experience of similar systems in France,Germany and Macao S.A.R.of China,we can build a false arbitration system of the outsidercancellation arbitration award.From the perspective of arbitration system,we should start from the internal regulation of arbitration,build a self-monitoring mechanism,improve the identification ability of arbitrators to false arbitration,so as to reduce the production of false arbitration from the source.We should strengthen the court's examination of the arbitration procedure,take the false arbitration as the cause of the court's cancellation of the arbitration award,attach importance to the supervision of the Procuratorate on the arbitration procedure,and bring the false arbitration into the supervision scope of the procuratorate.In addition,the false arbitration also involves the civil and criminal fields,which can be regulated by tort liability compensation and adding the crime of false arbitration in the criminal law.