Research On The System Of Relief Of Rights Of Outsiders In Arbitratio

Arbitration is a dispute resolution mechanism based on the autonomy of will between parties.Therefore,the content of the ruling should only involve the disputes of rights and obligations between the disputing subjects,which is reasonable and legitimate.In practice,the complexity and diversity of the interest relationship between civil and commercial subjects make the ruling effect break through its original scope,that is,the expansion of existing res judicata,which cannot be got rid of.Based on this,the protection of the rights and interests of outsiders has become a major concern of the arbitration system and has gradually become the focus of scholars' research.This paper takes the analysis of the basic meaning of outsiders as the entry point,and on the basis of defining the scope of the subject that needs relief,demonstrates the legitimacy basis of the subject that needs relief and protection,and points out that in the process of the construction of China's incomplete legal system,there are always problems in the protection of the rights and interests of parties and other right subjects.Furthermore,it emphasizes the importance of breaking through the theoretical limitation of the existing arbitration agreement and constructing the protection system of the rights of outsiders.Based on the overseas advanced experience and the reflection of the existing judicial system in China,this paper puts forward specific Suggestions on the relief of the rights of outsiders.