Study On The Legal System Of The Civil And Commercial Arbitration And Litigation Cohesion

In 2009, the Supreme People's Court issued a number of views on the dispute resolution mechanism of the Supreme People's Court concerning the establishment and perfection of litigation and non-litigation convergence, which marks the important moment of the development of non-litigation settlement mechanism. In 2014 the fourth Plenary Session of the 18th CPC Central Committee through the "CPC Central Committee on promoting a number of major issues in the decision" pointed out that the rule of law, to perfect the law rights and diversified dispute settlement mechanism.Particular emphasis should be placed on perfecting arbitration system and improving the credibility of arbitration. The introduction of these documents is precisely the development of non-litigation resolution mechanism to effectively cope with the current surge in litigation. At present, with the acceleration of the legalization process,the people's legal consciousness is further promoted, and people pay more attention to the maintenance of their rights through legal means. On the other hand, the rapid development of economy also brings more disputes and contradictions, and the number of cases is increasing. Coupled with the enormous reality that our country is facing the shortage of judicial resources. The state has no capacity to continually increase the judicial resources, thus allowing everyone to use litigation to settle disputes. Therefore,in the current exploration of non-litigation settlement mechanism and litigation resolution mechanism of the convergence of important strategic position. As the two important solutions to the current civil and commercial disputes, litigation and arbitration have made great contributions to the practice of law in our country. After a long period of practice, the two are not hostile, but interrelated. Compared with the judicial nature of litigation, arbitration has embodied the properties of folk autonomy,which determines the different functions of the two in the dispute. As a kind of folk autonomy behavior, the effective play of arbitration function is inseparable from the litigation, in addition, the litigation is also the important means to supervise the enforcement of the arbitration awards. Therefore, the connection between civil and commercial arbitration and litigation is particularly important. However, the lag of legislation affects the convergence of civil and commercial arbitration and litigation in some degree. 2012, the Civil Procedure Law was amended in China. However, the existing effective arbitration law was promulgated in 1994, although the Supreme People's Court has issued a number of judicial interpretations and replies to arbitration,which does not fundamentally solve the problem of the arbitration law. Therefore, this paper analyzes the basic theory of the convergence of civil and commercial arbitration and the litigation from three aspects of concept, manifestation and function, and analyzes the current legislative status , and researches the shortcomings of the current arbitration and litigation convergence system, and then proposes five perfect suggestions.To trace the source, a mature rule of law Society should be like this: on the one hand to the existing judicial resources reasonable disposition, on the other hand also to limit or reduce the unnecessary litigation. Such a society can effectively deal with the social transformation caused by disputes and contradictions of the facts. The author is based on this concept, the legal system of civil and commercial arbitration and litigation cohesion, through careful analysis of civil and commercial arbitration and civil litigation of various links and functions, to achieve the correct social positioning and value positioning. For China's current civil and commercial disputes, we should take full account of our current situation, based on the mature system of some arbitration developed countries, with purposeful and systematic construction of the legal system of the convergence of civil and commercial arbitration and litigation, thus realizing the proper handling of civil and commercial disputes.