枉法仲裁罪的设立是有利有弊、且基本上利大于弊的,但利弊之争并非问题的关键所在。关于枉法仲裁罪的争议,最关键的问题还是在仲裁的性质上。运用仲裁性质的两分法,可发现仲裁责任属于仲裁的外部关系、应主要从司法性来考量。仲裁的外部关系及其司法性,决定了枉法仲裁罪的设立其本身是合理的。运用比较法可发现,枉法仲裁罪的设立并非是对尊重仲裁的国际惯例的违背,相反,这是在贯彻这一原则性的国际惯例的基础上,结合本国实际情况和需要所采取的合理的具体措施。枉法仲裁罪的设立在短期内仅有较小的消极影响,而从长远来看,枉法仲裁罪的存在不会对中国国际商事仲裁的发展带来消极影响。 There are both advantages and disadvantages to the establishment of a law-breaking arbitration and basically outweigh the disadvantages. However, the issue of the pros and cons is not the crux of the issue. As for the dispute over perjury arbitration, the most crucial issue still lies in the nature of arbitration. By using the dichotomy of arbitration nature, we can find that the responsibility of arbitration belongs to the external relations of arbitration and should be mainly considered from the judicial nature. The external relations of arbitration and its judicial nature determine that the establishment of perverse crimes arbitration is reasonable in itself. The comparative law shows that the establishment of the crime of perverse arbitration is not a violation of the international practice of respecting arbitration. On the contrary, this is based on the implementation of this principled international convention and the reasonable specific measure. The establishment of perverted law arbitration has only a minor negative impact in the short term. In the long run, the existence of perverse law arbitration will not have a negative impact on the development of China’s international commercial arbitration.