枉法仲裁罪之批判

最近,《刑法修正案》(六)草案中有关于枉法仲裁罪的规定引起社会各界的广泛关注和热烈讨论。反对设立枉法仲裁罪的观点认为,仲裁的本质特征在于其契约性,仲裁机构是民间性的事业单位法人,仲裁员的行为是私人裁判行为,所以仲裁员对其不当仲裁行为应只承担有限的民事责任,而不应该承担行政责任,不应用刑法规制仲裁。

A Criticism of Law-bending Arbitration

The regulations concerning law-bending arbitration in the Sixth Draft of Amendment to Criminal Law have aroused widespread attention and extensive discussion which opposes the condemnation of law-bending arbitration. The basic nature of arbitration is its binding force, the arbitration organization is a non-governmental, non-profit institution / judicial person, and the acts of the arbitrator are private, so he bears only limited civil responsibility rather than administrative responsibility for his improper arbitration, let alone criminal penalties. In short, it is inappropriate to unveil this regulation at the current times.