我国仲裁员资格条件的完善探讨

The Improvement of Arbitrator's Qualifications

仲裁员对于纠纷的解决起着决定性的作用,是仲裁制度的灵魂所在。仲裁的质量直接取决于仲裁员的素质。自1995年仲裁法实施以来,我国仲裁事业在近20年的时间里取得了长足的发展。然而,近年来仲裁员制度特别是仲裁员资格条件的缺陷及运行失范日渐凸显。问题主要表现在:品德条件难以被量化操作;立法用语模糊不清,聘任条款弹性过大,漏洞较大;法律规定可操作性差,留下诸多空白地带等三个方面。这些问题亟待改革与改善,可采取的措施为:在增加消极资格规定的基础上,适当放宽仲裁员的资格条件;制定具体的仲裁员职业操守规范。

The arbitrator, who is the soul and backbone of the arbitration system, plays a decisive role in the process of resolving disputes. The quality of arbitration is decided by the diathesis of arbitrator. Recently, the arbitrator＇s qualification problem is gradually highlighted in the arbitration system. These problems are mainly manifested in three aspects. Firstly, moral conditions are difficult to be quantified. Secondly, there are many leaks in the rough and elastic legislation. Thirdly, the operability of legislation is poor, and has many blank areas in the rules. These problems need to be solved immediately. So two measures should be taken. First of all, the qualifications of the arbitrators should be relaxed appropriately on the precondition of the increase in negative qualification regulations. Secondly, the spesific ethics rules of arbitrators should be set up in the arbitration system.