A CRITIQUE OF THE CRIME OF DELIBERATELY RENDERING AN ARBITRAL AWARD IN VIOLATION OF LAW
A CRITIQUE OF THE CRIME OF DELIBERATELY RENDERING AN ARBITRAL AWARD IN VIOLATION OF LAW作者机构：Professor & Doctoral Supervisor School of International Law China University of Political Science and Law Beijing 100088 China Associate Professor School of Foreign Languages Wuhan University Wuhan 430072 China
出 版 物：《Frontiers of Law in China-Selected Publications from Chinese Universities》 (中国高等学校学术文摘·法学（英文版）)
年 卷 期：2016年第11卷第4期
页 面：718-734页
基 金：The present article was finished while Professor SONG Lianbin was visiting Universite Paul Cezanne Aix-Marseille Ⅲ as a scholar. Thanks should be extended to MENG Guowei CHEN Jinlin YANG Juan YANG Lin HE Zhenxin CUI Xianglong WANG Baoshi LIN Yifei LU Shangqian CHEN Xijia LI Xinyu etc. for their materials and suggestions. This work was supported by a grant from a major program of Humanity and Social Science Key Base of the Ministry of Education of China named Research into Legal Methodology of Civil and Commercial Judgments involving Foreign Elements (Grant No.08JJD820175) as well as a grant from a major program of the National Social Science Foundation of China named Research into Puzzles and Paths of the Promotion of the Building of the Pilot Free Trade Zone under the Rule of Law (Grant No. 14ZDC016)
主 题：crime of deliberately rendering an arbitral award in violation of law arbitrators'liability arbitration view criminal law amendment
摘 要：The crime of deliberately rendering an arbitral award in violation of law was provided at the end of Article 20 of the Amendment VI to the Criminal Law of the People＇s Republic of China. Such a crime is likely to be misunderstood because views are sharply divided on its implication and scope of application. In addition, pertinent provisions are not manipulable. The wording of violation of law should not be included in articles of the law, as legalese. The charge is the product of redundant legislation, whose provisions are bound to be considered as pieces of blank paper. The creation of the crime disrespects arbitration, and removes the peculiarities of it. The charge of the crime undermines the profession of international arbitration. Therefore, the crime should be repealed. Where cases were arbitrated wrongly, and social harms were caused, criminal law and other laws would serve as remedies.
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