A Study On Relationship Construction Between Arbitration And Litigation Of The Diversified Dispute Settlement Mechanism

In the diversification of the dispute settlement mechanism, arbitration andlitigation are two important ways. The relationship between the problems has alwaysbeen the focus of academic attention. In this paper, starting from the angle of history,combined with the provisions of China’s current law, analyzes their relationship statusand deficiencies, and puts forward the reform measures to construct the support ofarbitration and litigation right relationship.The first chapter is the full text of the analysis theory. The first part origindispute, the diversified dispute settlement mechanism is to adapt to the developmenttrend of diversification of social disputes. After the two parts from the disputesettlement in the process of historical development of litigation and arbitration system.That litigation is the most conventional ways of solving disputes; litigation system haswide applicability, strict procedure regulations, to the final settlement of disputescharacteristics and advantages, and can help to prevent the expansion of the socialconflict. From a certain perspective, procedural defects but also to the developmentgave birth to the soil, the arbitration system emerge as the times require. Convenient,flexible and efficient, professional has more to meet the complex requirements of theparties dispute diversified development, and to some extent the judicial corruption has Inhibition. Support and supervision, but the development is inseparable from theaction, they need to communicate with each other.The second chapter is based on our country present, mainly discusses themanifestation of the relationship between arbitration and litigation in the existing lawsand existing problems. The first part mainly analyzes the relationship between thearbitration and litigation in the history of the development of. The second part fromthe reference to arbitration, litigation support of arbitration and litigation supervisionof arbitration three parts to elaborate the relationship between the two. The third partto the practice and the relationship between alienation phenomenon, analysis thevarious litigation arbitration and lead to excessive intervention leads and defect.The third chapter is "the relationship between arbitration and lawsuitconstruction, from the macro perspective and micro perspective of dispute solutionrespectively expounds the arbitration and litigation should be what kind of benigndevelopment. It is pointed out that the rational construction of the relationshipbetween the two should be independent of each other, competition and interaction,symbiosis. Independent, competitive basis, and keep their important status in thediversification of the dispute settlement mechanism; but the mutual influence betweenthe development trend is also necessary, to reduce unnecessary intervention inarbitration proceedings, gradually weakening supervision and gradually strengthenassistance, so as to maintain the authority of the judiciary, and ensure the healthydevelopment of arbitration. Finally, the author according to the relationship betweenthe two constructs needs legislative support, provides some suggestions on the reformof the legal system, including the reduction of litigation and the expansion of thepower of arbitration tribunal intervention.