On The Rights Relief System For The Arbitration Outsiders

The judicial reform needs to improve further the dispute settlement mechanism through diversified ways including meditation,arbitration and litigation.By its efficiency,flexibility,autonomy and other characteristics that are more advantageous than other settlement means,the arbitration is more and more accepted and chosen by citizens.While the development of the society and economy makes the economic relationship between social entities more intricate.At the same time,the legal rights and interests of the third party are violated unavoidably.Especially when the way of disposing the rights of outsiders viciously is used during the arbitration process,or when they try to avoid some punishment,the interests of the third party are easily infringed upon.In judicial practice,the examples are not uncommon.To prevent this case from happening again,the study of protection about the third party's interests becomes the object of researchers.In the existing legislation,the objection of the Third Party in the executive program system is the most feasible way for the arbitration outsider to protect the legitimate rights and interests,but it is only applied to the arbitration award which has entered the implementation program.The relief efforts are limited and the protection of outsider's rights and interests cannot be guaranteed completely.For instance,some arbitral awards just consider the fact of the case and don't have the need to enter the implementation program.And like some other cases,the arbitral awards had not been pushed into implementation process when the outsider found the rights had been violated.In current days,the existing legislation does not afford timely and effective relief ways for the arbitration outsiders whose legitimate rights and interests are invaded.Concerning this,there are loopholes in the protection mechanism of the third party's interests in legislation.Nowadays,the Alternative Dispute Resolution Mechanism in China's legal reform is becoming more and more impeccable,but the arbitration outsiders' relief should be given sufficient attention.Improve the system of outsiders' rights and interest protection in arbitration,not only can protect the lawful rights and interests of the outsider in arbitration effectively,also can reduce the frequency of malicious and false arbitration chaos,to make more efficient and more thoroughly on the solution of the dispute.And on the basis of outsider's legitimate rights and interests are protected,make the arbitration system in our country be more perfect,let the arbitration more authoritative in people's mind,so as to make the public feel more justice from arbitration cases.