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Arbitrators convicted of misuse of law

Arbitrators convicted of misuse of law

Write: Erianthe [2011-05-20]

TWO arbitrators in Bao an District had been convicted of misuse of law in arbitration, according to the Bao an People s Procuratorate.

It was the first prosecution of the crime of misuse of law in arbitration in Shenzhen, a new crime in China s legal system, Shenzhen Special Zone Daily reported yesterday.

The arbitrators were convicted of intentionally deciding against facts in law.

The two convicted arbitrators disregarded proof provided by workers in an electronics factory in Fuyong Subdistrict, who had applied for arbitration on the default of overtime pay by their employer.

The two arbitrators found in favor of the employer based only on attendance records provided by the employer.

Dissatisfied with the decision, the workers took their case to the procuratorate which found the arbitrators had disregarded the law.

The procuratorate then instituted prosecution proceedings against the arbitrators.

There were few legal precedents concerning the crime of misuse of law in arbitration, according to the procuratorate.

According to law, people convicted of the crime could be sentenced to a maximum of three years in prison. Those convicted of serious misconduct could be jailed for three to seven years.

(Li Hao)