The Exploration Of The Relationship Between Judicatory And Arbitration

The institution of judicatory and arbitration is the important constitution of our civil law system. In our harmonious society, the institution of judicatory and arbitration play the positive function not only in solving the conflict of interest among the member in the market economy and protecting the legal civil rights, but also in vindicating the system of economy and guarantying the healthy development of market economy. In any the field, the theory or the practice, there is profound origin between judicatory and arbitration. We can detect the embodiment of their relationship in our arbitration law, it described that judicatory sustain the arbitration while judicatory censor the arbitration. On one hand , the participating of judicatory in arbitration can assistant the process of arbitration, on the other hand, the participating of judicatory in arbitration can restrict the process of arbitration. The judicatory sustainment help the arbitration process get the protection from the powerful country enforcement, at the same time, the judicatory restriction give the arbitration the guarantee of the justice of arbitration. After analyze the relation between judicatory and arbitration, this article is desirous to find the balance point of both sides, especially from the view of the theory and practice. There must be some theoretic meaning in two areas, one is the value standard of the equal state between judicatory and arbitration, the other is basic principle of judicator participate without intervention. Realizing the pattern of judicatory keep its authority whiles maximum arbitration advantage and the state of supplementing and confining each other. In the practice particularly, the proper relation between judicatory and arbitration have the important impact on economy and law of country environmental, perfect open relationship between judicatory and arbitration can make our country superiority in the national economy rival, boost up our attraction to trade partner s and investors.Firstly, the paper introduces the relationship between judicatory and arbitration. Especially illustrate their concept,character,peculiarity,evolution and relations.Secondly, following the history development, explain the real relationship between judicatory and arbitration: support and monitor.Thirdly, after compare the typical arbitration institution, illuminate our institution relatively.Fourthly, through the consideration of positive and negative aspects, some suggestions involve the perfection of the relationship of judicatory and arbitration.