仲裁员法律责任之检讨(下)——兼评“枉法仲裁罪”

六、枉法仲裁罪之批判赞成者认为,虽然仲裁人员不是司法人员,但其实际上行使了国家授权的一部分司法权力。由于社会上存在着不良风气,司法机关也不是生活在真空当中,因此在司法活动中也一定程度上存在着执法不公、徇私枉法的现象,这种司法不公的现象同样也出现在仲裁活动中。社会上一些人为了让仲裁结果有利于自己,到处托关系,请客送礼,向仲裁人员行贿等现象日益增多。这不

The Criticism of Arbitrator''''s Legal Responsibility

The arbitrator's legal responsibility is a complex and sensitive issue on which scholars' opinions diverge and agreement is not yet reached.Above all,the arbitration law in China has no definite regulations on it.Some regulations about bending the law in arbitrating were mentioned in the sixth draft of amendment of criminal law submitted to the full meeting of the 19~(th) session of the standing committee of 10~(th) National People's Congress.These regulations soon arouse widespread attention and bring about heated discussion among all circles,resulting in opposing views.And a whole page of The Procuratorial Daily was specially devoted to relevant articles on this issue. Having a nature of contract constitutes the fundamental feature of arbitration.The arbitration organization is a non-governmental,non-profit institution juridical person.As an individual,the arbitrator bears limited civil responsibility for his inappropriate arbitrating conduct rather than administrative responsibility,not even the criminal responsibility.Arbitration shouldn't be regulated or restricted by criminal law,thus bending the law in arbitration shouldn't be treated as a crime.Besides, it's not appropriate to publicize this regulation of late.