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人类交往范围的日益广泛,社会关系的趋于复杂化,使维系原本单纯的双方权利义务关系越来越困难,权利义务三角关系的客观存在是设立第三人制度的根本动力。近年来我国仲裁法学界和实践中对仲裁第三人制度存在的价值与途径争议颇多,应当通过透视各学派争议及仲裁实践的探索,在肯定目前研究成果的基础上指出其不足,竭力纠正理论界与实践界对仲裁第三人的主体定位偏差,揭示仲裁第三人制度的本质含义,并定位仲裁协议第三人进人仲裁后的主体角色。
The wide range of human interaction and the complexity of social relations make it increasingly difficult to maintain the original relationship of rights and obligations of both parties. The objective existence of the triangular relationship of rights and obligations is the fundamental motive force for the establishment of a third party system. In recent years, the arbitration jurisprudence and practice of our country have many controversies over the existence of value and ways of the arbitration third party system. It is necessary to point out its deficiencies and make every effort to correct it through the exploration of various school disputes and arbitration practices, and on the basis of affirming the present research results Theorists and practitioners have deviated from the main body of the third party in arbitration to reveal the essential meaning of the third party system of arbitration and locate the main role of the third party after the arbitration agreement enters the arbitration.