Study On The Relief Of The Rights And Interests Of Outsiders In The Case Of False Arbitration

False arbitration refers to an illegal act that damages the legitimate rights and interests of others through legal arbitration procedures by means of false legal relationship,false case facts,false statement and falsified evidence,with malicious collusion between the parties to arbitration.An outsider in a false arbitration case refers to others who are not parties to the arbitration whose rights are infringed by the false arbitration activities.From the statistical analysis of the case,an outsider infringement of rights both substantive rights and procedural rights,including the infringement entity right main show is in front of the arbitration,the arbitration of security behavior,at the enforcement stage with the award of the arbitration,compulsory execution of the conciliation statement behavior,did not enter the execution or complete under the situation of the arbitral award,the conciliation statement is used to determine the force behavior;The infringement of procedural rights is mainly manifested in the act of taking advantage of the fact-free feature of the arbitration award under the circumstance of not being executed and not performing or not performing.Using false arbitration assaults on foreigners rights has obvious points right stage characteristics,namely the different rights for arbitration by the parties in different stages of different behavior under different levels of the infringement,but the existing relief way cannot reflect strong pertinence,the resulting lack of relief is a major cause of frequent occurrence of such cases.In order to improve pertinence and realize the comprehensive and effective relief for the rights and interests of outsiders in the false arbitration case,the relief approach should be analyzed from the practical and theoretical aspects according to the rights and stages.For the infringement of entity rights,in the stage before and during arbitration: the objection to the object of execution can relieve the outsiders of the case who are infringed by the preservation act;Theoretically,the establishment of the third party arbitration system can allow outsiders to intervene in the arbitration,but it damages the relativity and efficiency of the arbitration.In the execution stage: the application for non-execution of the arbitration award by an outsider is groundbreaking and feasible,but the legal basis is insufficient;The application for execution objection by an outsider in the case cannot remedy the creditor’s right,and the scope of application is controversial and the remedy is not thorough.Compulsory measures against civil judicatory have such problems as narrow application scope,high application threshold and low deterrence effect.Before execution and execution is completed: the system of separate prosecution cannot relieve the creditor’s rights and there are obstacles in prosecution,proof and execution;Theoretically,it is necessary and feasible for an outsider to apply for revocation of the arbitral award system by establishing the system of judicatory force combined with expanding the scope of the object of tort action to clear the way for an outsider to file another lawsuit.However,it is more difficult to expand the interpretation of the crime of false action to directly relieve the rights and interests of an outsider.For the infringement of procedural rights,outsiders can remedy their own rights through the existing enforcement objection litigation system.On the whole,theoretical research and judicial practice should be combined to solve the problem of lack of relief channels or limited effect based on the above analysis.Based on the characteristics of infringement of different rights at different stages and the functions and effects of different ways of relief,the rights and interests of outsiders in false arbitration cases should be alleviated by different rights and stages.In view of the infringement of entity rights of outsiders in the case before and during arbitration,outsiders in the case can remedy their own rights and interests by implementing the object objection system.In view of the situation that the entity rights of outsiders in the case are infringed in the execution stage,outsiders in the case can apply for non-enforcement of the arbitration award system to remedy their own rights and interests,but the problem of insufficient legal basis should be solved as soon as possible.In the case where the entity rights of outsiders in the case are infringed and the execution is not carried out or the execution is completed,the system of applying for cancellation of the arbitration award by outsiders should be set up to give outsiders the right to apply for cancellation of the false arbitration award.In view of the infringement of procedural rights by outsiders,outsiders can remedy their own rights and interests through execution objection action.