An Arbitrator Of China Civil Liability System

At present, with China’s rapid economic development, the arbitration in the civil dispute solution process is playing a more and more important role. But because China’s arbitration career development starts later, arbitration liability system cannot meet the legislation of our country at present the arbitration service requirement.An arbitrator is the current arbitration civil liability system in legislation is missing, in the present, both domestic and abroad about the civil liability of the arbitrators study also only stay in theory, with very few rise to the level of legislation. In view of this, in this paper the civil liability of the arbitrators as research object, by the current our country arbitrators shall bear civil liability for the present situation of the starting point, on the analysis about the arbitrator at home and abroad based on the theory of liability, based on the reality of our country in the case, put forward the perfect our country’s civil liability system of arbitrators related Suggestions.This paper expounds the four parts for points:First of all, in "the problem put forward" at present are pointed out in this part of our country and even the world about an arbitrator in the civil liability of the existing situation and problems, First of all that the countries treat the civil liability of the arbitrators attitude, then lists lots of problems our country in the arbitrators civil liability currently, through these problems led to the civil liability of the arbitrators analysis and research; Second, in "an arbitrator of responsibility theory analysis" of the world in the current on the civil liability of the arbitrators several theory analysis, Totally immune theory, an arbitrator arbitrators limited liability theory and arbitrators completely responsibility theory research and analysis, the research results of the foreign to our country civil liability system arbitrators analyzed, pointed out that our country should take the arbitrators limited immunity responsibility; Again, through the "to our country civil responsibility that" put forward an arbitrator shall bear civil liability in our country should be the tort liability and responsibility of breach of competition, and then analyzes the arbitrators to the civil liability of the constitutive requirements; pointed out in China should take an arbitrator limited liability theory; Finally, Put forward the perfect our country’s civil liability system of arbitrators related Suggestions measures, including four points:Building a civil liability system including arbitrators justice and efficiency of the value system; establishing the arbitrators limited liability immunity system; establishing relevant judicial supervision measures and related supporting system. establishing an arbitrator of limited liability immunity system is adopted in the legislative proposals, civil liability of the arbitrators constitutive requirements, responsibility and exemption are enacted。...