Research On The Legal Regulation Of False Arbitration

False arbitration cases frequently appear in real life,the existing laws and regulations do not effectively restrain the occurrence of false arbitration,many cases the legitimate rights and interests of outsiders are damaged and the relief path is not smooth,can not obtain effective relief,it is necessary to study this and then put forward suggestions.Although the civil litigation system and arbitration system are constantly reformed,the legal relief to the outsiders of the false arbitration case is particularly weak,and the current arbitration legislation of our country shows a lagging pattern in the aspect of the relief to the outsiders of the false arbitration case.Because of the confidentiality of the arbitration,it is difficult for an outsider in a case whose interests have been impaired to detect a false arbitration which is being conducted or has been completed,and Because the judicial review system has not fully played an effective role,the outsider can not apply for rescission of the arbitration award because of the main body's discomfort,the other prosecution faces the problem of high cost,difficult proof,lack of third party system and so on.An outsider to a case has recourse to an arbitration institution,but because the current arbitration system does not provide that an outsider to a case can not participate in an ongoing or completed arbitration as a party to the arbitration or without the permission of both parties,because the arbitration clause has not been signed with the arbitration party In the case,the outsider is not the subject of the action of setting aside,the court can not make the decision of setting aside because of the lack of basis,and the procuratorate is difficult to supervise because of the lack of direct basis.Because the current system is not perfect,can not carry on the effective relief and the regulation to the false arbitration,will gradually cause the dispute subject not to trust the arbitration,does not choose the arbitration,then shakes the arbitration credibility,seriously affects the arbitration system function effective play and the arbitration enterprise healthy development.False arbitration cases are frequent and varied,we must define the connotation of false arbitration before seeking relief for false arbitration.False arbitration cases involve a variety of Legal relations,and the forms of expression are increasingly diversified,but because of the secrecy and efficiency of arbitration,people who have an interest in the results of the case can not find the existence of false arbitration in time,so they can not protect their legitimate rights and interests well.Especially in recent years,the laws and regulations,judicial interpretation,and the research results of local courts have summarized and formulated the identification standards of false litigation and systematic punishment measures,and the development trend of false litigation has been effectively curbed.The higher legal risk of false litigation has prompted some people with illegal purposes to turn their eyes to arbitration.Compared with false litigation,false arbitration appears There is a trend of increasing incidence,but for the case outsiders whose false arbitration interests are damaged,the way of relief is slightly scarce,and the link of regulation and prevention is weak,so the unbalanced development makes the arbitration system play a little more difficultrole.This paper aims to integrate,summarize and analyze the true meaning of false arbitration,the present situation of false arbitration at home and abroad and the problems existing in the existing system,as well as the reasons for the formation of false arbitration.By studying the relevant provisions of domestic law,this paper summarizes the relevant domestic cases,finds out the shortcomings of false arbitration governance in practice,and combines the research results of domestic academic circles and relevant theories abroad,draws lessons from the regulatory measures already tried by domestic arbitration institutions,according to the theory and practice,from the arbitration procedure itself,court supervision,procuratorial supervision and criminal law regulation,studies the measures to curb false arbitration.