On The Relief Path Of Outsiders In False Arbitration Case

In recent years,In the context of promoting the reform of the diversified dispute resolution mechanism,the whole arbitration industry is also developing day by day.The development of the arbitration industry is reflected not only in the norms of the arbitration system and the improvement of the professionalism of the arbitrators,but also in the public’s recognition and choice of arbitration,and the awareness of social arbitration has been greatly enhanced.With the gradual increase of arbitration cases,the number of cases of false arbitration infringing on the rights and interests of outsider entities has increased accordingly,and the protection and relief of the rights of outsiders has been paid more attention to by us.The identification,regulation and perfection of the relief path of false litigation and false arbitration are the key issues that we pay close attention to.The relief system of the outsider in the false litigation case at the legislative level has been perfected,especially the third party’s withdrawal has provided us with enlightenment to perfect the relief path of the outsider in the false arbitration case.In addition,China has stipulated strict civil and criminal liability for false litigation,which can prevent the occurrence of false litigation to a certain extent,and also reduce the possibility that the legitimate rights and interests of outsiders will be infringed by false litigation.However,for false arbitration,in addition to the traditional judicial relief measures such as the outsider’s execution objection lawsuit and separate prosecution,we do not provide other more targeted and efficient relief means for the outsider,which to some extent leads to the difficulty for the outsider to seek relief,and also creates a certain fluke operation space for the false arbitration.Of course,we also continuously explore in traditional remedies for arbitration within the framework of an outsider to create new relief program,in March 2018 of the Supreme People’s Court of the people’s court to deal with the regulation of the arbitration case on a number of problems "regulation to arbitration outside for the first time to apply for non-enforcement arbitral award system,expanding the scope of the original arbitration judicial review application subject,to regulate the judicial practice of false arbitration cases,can say is we documented an outsider right protection level a big step forward.But on the whole,our country present civil lawsuit about false arbitration outside the judicial relief is still slightly chaos and insufficient,cannot completely solve the false from the arbitration entity rights and obligations of the dispute,may also conflict referee,arbitration system to bring negative effect not only,also brings to the court of judicial review and enforcement difficulty.Therefore,it is necessary for us to think deeply about how to identify the false arbitration and the remedy path for the rights of outsiders in the false arbitration case,construct a relief system with theoretical logic and practical effect,fully protect the legitimate rights and interests of outsiders in the case,and promote the sound operation of the arbitration system.The relief path of the outsider in the false arbitration case is mainly perfected from the following three aspects.First,we should construct the system of exoneration of arbitral award by outsiders,and use it as a new path of judicial relief to provide a fundamental dispute resolution mechanism for outsiders.Combined with the relevant provisions of the Draft Civil Enforcement Law(Draft for Comments),this paper explores the overall framework for constructing the system for the withdrawal of arbitral awards by outsiders,including the contents of the subject,subject matter,duration and relief mode,and provides the system design with practical applicability.Secondly,in view of the lack of arbitration relief path,it is suggested that legislation should set up a third party system for false arbitration,and in special circumstances allow third parties to apply to the arbitral tribunal to join the arbitration proceedings.Since there is no true and lawful party’s agreement,the third party’s accession to arbitration will not destroy the agreed basis of the arbitration proceedings,but also increase the adversity of the arbitral tribunal through the third party,which will help the arbitral tribunal to find out the truth of the case and regulate the false arbitration at an early date.The third party joins the arbitration on the premise that the arbitral tribunal will initially identify the false arbitration.Third,perfecting the connection between the relief path is not only for the connection between the arbitration relief path and the judicial relief path,but also for the coordination and choice between the judicial relief path.