Research On Relief Channels Of Outsiders’ Rights In False Arbitration Cases

With the development of the economy,civil and commercial disputes are increasing day by day,and some actors have used illegal litigation,false arbitration and other forms to obtain illegal benefits.They not only damage the interests of outsiders,but also damage the normal judicial order.My country’s “Civil Proceedings Law of the People’s Republic of China” has more perfect regulations on false litigation,stipulates the third party’s revocation of litigation,and provides corresponding punishment measures for false litigation and other acts.My country’s arbitration system has developed relatively late and has not been set up in arbitration.At the same time,when the arbitration award damages the legitimate interests of others,the law does not provide corresponding remedies.Therefore,when false arbitration occurs,the protection of outsiders is in a legal blank.This article discusses in detail a series of issues related to the protection of outsiders in false arbitration cases,and gives suggestions on how to improve relevant measures in my country.This article is divided into three parts.The first part is an overview of the research on the relief methods for outsiders’ rights in false arbitration cases.This part is divided into three major blocks: first,it introduces the characterization of the outsider and the difference between the outsider in the arbitration case,the arbitration party and the third party in the arbitration;second,the type and analysis of the infringement of the outsider’s rights and interests by false arbitration.By classifying the types of outsiders’ rights in the case of false arbitration infringement and using cases to analyze;finally,the necessity of relief for outsiders in the case of false arbitration False arbitration damages the interests of third parties more and more.However,my country does not have an effective rescue mechanism,and elaborate the remedies.The second part is the problem of the relief of outsiders in the false arbitration case.Under the current legal system,there are mainly the following problems: one is the lack of internal supervision mechanism for arbitration;the second is the lack of judicial review and supervision mechanism;the third is the limitation of revocation or non-execution ofarbitration awards;the fourth is the poor implementation of the objection system by outsiders.The third part is to analyze the problems existing in the previous part and propose solutions.The main improvement paths are as follows: First,improve the supervision mechanism of arbitration;second,improve the supervision mechanism of judicial review;third is to withdraw the establishment of an arbitral award of the complaint system;fourth,improve the outsider opposition to execution complaint system.