Legal Research On The Cohesive Devices Of Civil Litigation And Arbitration System

Litigation and arbitration are two different dispute resolution mechanisms,stressed judicial proceedings, procedural and arbitration emphasized civil resistance,flexibility. Two programs both similarities, there are different strengths andcharacteristics. Litigation is mainly reflected in a higher effectiveness advantage,agencies across the wider masses widely accepted. The arbitration proceedings withrespect to the characteristics is its simplicity, privacy, autonomy and a final ruling.In reality, as China’s social and economic development and people ’s awareness ofthe law, a substantial increase in litigation fewer people making the court case andmore increasing pressure, while the concept of arbitration arbitration citizens stillface lack of embarrassment Shaorenwenjin. This situation is actually also the targetof building a modern society ruled far. Determine a sound social system is not thatmuch litigation, but rather robust dispute settlement mechanism and the ability toresolve social contradictions. So how to rationalize the relationship betweenlitigation and arbitration, the two mechanisms to achieve effective convergenceproblem is discussed in this paper.In this article, I will do two kinds of civil litigation and arbitration systemconcepts, discusses two mechanisms in common, analyzing two systems as well astheir own characteristics and advantages of the respective problems. Combined withcontemporary China has proposed the construction of diverse background of disputeresolution mechanisms, respectively, from the perspective of legal and empiricalanalysis of litigation and arbitration system effective convergence legal significanceand practical value. Especially in contemporary China is in social transformation,social conflicts in the context of a large outbreak, how reasonable diversion courtcase pressure and improve non-litigation dispute resolution and arbitrationmechanisms, to achieve reasonable litigation and arbitration Reconstruction andconvergence. In this process, I will refer to, and learn from other countries, especiallyEurope and the United States non-litigation dispute resolution (ADR) mechanismsand experience in the development and research of some areas such as Fujian district court litigation and arbitration in achieving convergence, build a diversified disputeSettlement Mechanism mature and effective exploration and experience. Proposed theestablishment of mechanisms for litigation and arbitration convergence processshould be noted that the development of appropriate oversight and the generalprinciple of equality, and focus on innovative concepts and systems above. Underthis principle, the specific start from different fields to discuss litigation andarbitration, as well as to explore the feasibility of convergence should pay attention to.In order to maximize the litigation and alternative dispute resolution mechanismsrespective role in achieving the concept of innovation, effective integration ofdispute resolution resources to achieve social contradictions autonomy and reasonablediversion, to achieve harmonious development of society and the long-term stability.