A Study On The Criminal Responsibility Of Arbitrators

In the process of global economic integration, the quantity of international economic exchanges increased sharply, more and more businessmen choose the arbitration to solve their dispute because of its flexible, fast, economic, international,secret etc. arbitration’s role is more and more important in solving economic and trade disputes. Arbitration is typically used to solve the dispute, the parties deliver their dispute to third party(the arbitrator) to judge, and to make adjudication that have binding to all parties. The quality of arbitration depends on the quality of arbitrators,the arbitrator is the key to the survival of the arbitration system.Many domestic and foreign legal experts, academics, lawyers and arbitration practitioners know the status and role of the arbitrator, but also aware of the legal liability of arbitrators. At present, should arbitration bear the civil liability have not much controversy, but should arbitration bear the criminal responsibility have no conclusion. Although the law provides for criminal liability of arbitrators, but the requirement is reasonable is controversial. Meanwhile, in the judicial practice be held criminally responsible for the arbitrator is extremely rare. By studying whether China should establish expectations proved arbitrator criminal system, and if it should establish a criminal regime, then it is how to complete the criminal system arbitrator recommendations on the existing basis.This paper is divided into three parts, respectively, from the theory and practice of the legal liability of arbitrators, legislation and theory of criminal liability disputes of arbitrators and weaknesses and complete the legislative are discussed.The first part is the theory and practice of arbitrators’ liability. The author discusses the arbitrators were the responsibility of absolute immunity, unlimited liability exemptions and limitations of these three representative theory and practice of arbitrators’ liability, analyze its reasonable and impropriety. Construct the theoretical basis of whether China needs to establish the arbitrator criminal system.The second part of the arbitrators criminal legislation and theoretical disputes.From the relevant provisions of "Arbitration Law" and "Criminal Law" of criminal responsibility of the arbitrator’s interpretation, presentation on the current dispute arbitrator theory of criminal liability, and related perspectives are reviewed.The third part is the lack of arbitrator’s system of criminal responsibility and how to perfect the system of criminal responsibility in our Country. In this part, the author analyzes the defect of the current arbitrator’s system of criminal responsibility from the law itself and the application of the law, and put forward the author’s suggestions for perfecting the defect.In this paper, the author analyzes the defect of the current arbitrator’s system of criminal responsibility comprehensively in China, and put forward the corresponding suggestions for perfecting the defect. But it is undeniable that, since the author is limited, there are many deficiencies in this article, in particular, there are many problems in how to complete the criminal system and to be in the future study and work continue to improve.