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我国目前对仲裁员责任制度的规定存在缺陷:一方面,仲裁法规定的行政责任已经丧失法律基础,刑事责任存在极大争议,与刑法谦抑性不相符;另一方面,未对民事责任进行明确规定,缺乏现实的可操作性,使得实践中仲裁员往往享有绝对的责任豁免。参照世界各国立法和司法实践,仲裁员的民事责任制度可以分为绝对豁免、有限责任和完全责任三类,且发展趋势为仲裁员在特定条件下承担民事责任的有限责任制度。因此,从仲裁员民事责任制度的理论基础出发,结合我国仲裁员法律责任制度的缺陷,在我国建立仲裁员有限民事责任制度具有相当的合理性。
At present, our country has some defects in the rules of arbitrator responsibility system: on the one hand, the administrative liability stipulated in the Arbitration Law has lost its legal basis, criminal liability has been greatly controversial, which is inconsistent with the restrained criminal law; on the other hand, civil liability has not been carried out Clearly stipulated that the lack of practical operability makes arbitrators in practice often enjoy absolute liability exemption. According to the legislation and judicial practice of all the countries in the world, the civil liability system of arbitrators can be divided into three categories: absolute immunity, limited liability and full responsibility, and the development trend is the limited liability system for arbitrators to bear civil liability under certain conditions. Therefore, starting from the theoretical basis of the civil liability system of arbitrators and combining the defects of the legal liability system of arbitrators in our country, it is quite reasonable to set up the limited civil liability system of arbitrators in our country.