On The Legal Regulation Of Arbitration Fraud

A large number of arbitration frauds have occurred in judicial practice.Arbitration frauds have infringed upon the legitimate rights and interests of third parties outside the case,wasted limited judicial resources,and caused great damage to the judicial order and legal credibility.The problem.Although the existing laws of China have involved the protection of the rights and interests of the third party in arbitration,due to the single relief channel,it is difficult for the third party to protect their rights.The limited introduction of the third-party arbitration system and the establishment of an outsider ’s action to withdraw the arbitration award can effectively make up for the shortcomings of the existing relief system.The theory of non-litigation of arbitration,the theory of active judicial review and the theory of parties to a procedure provide the theoretical basis for system construction.In practice,there have been many cases in China for the protection of the rights and interests of third parties outside the case,and they have accumulated rich experience;in addition,the foreign merger arbitration and arbitration third party system is relatively mature,and the corresponding legal system is relatively complete.Provides a realistic basis.Effective regulation of arbitration fraud will be carried out specifically from the following aspects: On the one hand,the system construction will be explored.For example,the limited introduction of the third party arbitration system allows third parties whose entities ’rights and interests are damaged to participate equally in the arbitration process;the establishment of an outsider ’s case to withdraw the arbitration award provides more yuan for the third party ’s rights and interests Relief channels afterwards;improve the relief system for the third party,determine the civil tort liability for arbitration fraud parties,and criminal liability under severe consequences,and force the arbitration fraud parties to consider the illegal costs to prevent the occurrence of arbitration fraud.On the other hand,multiparty supervision and effective prevention and control.It is not only necessary to increase the review power of the arbitration tribunal,establish a stable and normalized internal control system mechanism,investigate the risk of arbitration fraud,and provide active arbitration services.At the same time,it is also necessary to increase the judicial supervision of the arbitration by the courts.Judiciary must provide the necessary support for arbitration,and it must also carry out appropriate supervision,so as to effectively avoid the shortcomings of arbitration closure and excessive pursuit of efficiency.Finally,the possibility of entering the criminal law from the "fake litigation crime" into the criminal law triggers the possibility of the "arbitration fraud crime" into the criminal law and should be discussed,criminal regulation of arbitration fraud,and increase the illegal cost of arbitration fraud parties.In order to solve the difficulty of entering the arbitration procedure by the third party through the construction of the above-mentioned system,the lack of legal arbitration status,the arbitration relief dilemma,better protect the legitimate rights and interests of the third party,and make efforts to promote the healthy development of the arbitration system.