Research On The Linkage System Of Civil And Commercial Arbitration And Litigation

In 2016,the Supreme People’s Court issued the Opinions on the Reform of the People’s Courts to Further Deepen the Mechanism of Diversified Dispute Resolution.The Opinions called for strengthening the connection between the people’s courts and arbitration,and indicated its determination to improve the mechanism of diversified dispute resolution and its attitude to actively supporting the reform of arbitration.The Arbitration Law of China has not been revised since it was promulgated in 1994.The backward legislation hinders the development of the linkage mechanism between civil and commercial arbitration and litigation to a certain extent.In addition,China is currently facing a lack of judicial resources,China’s diversified dispute resolution mechanism is not mature,especially the role of the arbitration system has not been better demonstrated,so it is very necessary and significant for us to improve the connection mechanism between civil and commercial arbitration and civil proceedings.The connection between civil litigation and civil and commercial arbitration has a certain theoretical basis and legal basis,and the two can complement and cooperate.Litigation provides necessary support and supervision for arbitration,and arbitration can contribute to the diversion of litigation cases.The connection system of litigation and arbitration in many representative countries and regions emphasizes the autonomy of parties’ will in legislation,the legislative idea that the court supports the arbitration and supervises the arbitration properly,and the practice of emphasizing the efficiency of arbitration provides valuable experience and direction for the amendment of China’s Arbitration Law.The author further discusses the current legislative and practical situation of the linkage mechanism between civil and commercial arbitration and civil action,and studies the problems existing in the linkage mechanism between civil and commercial arbitration and civil action mainly in the following points: the court’s examination standard of arbitration agreement is too strict;The lack of corresponding preservation decision of the arbitration organization delays the efficiency of the arbitration procedure;There are many conflicts,such as the waste of judicial resources,the violation of the principle of separation of adjudication and administration,and the misplacement of jurisdiction caused by the two ways of supervision,such as revocation and non-enforcement of arbitral awards.The application period is too long,the procedure is rough and there is no remedy in the procedure of revoking the arbitration award;It is unreasonable to conduct entity supervision over domestic arbitration awards;The absence of the arbitration system attached to the court and the absence of the guarantee system of the cohesion mechanism.The author hopes that by establishing litigation and arbitration can get equilibrium configuration of the legislative concept,effective use of a variety of ways to settle disputes,litigation and arbitration again by the representative countries and regions to connect and legislative experience and principles,and on the basis of targeted put forward to improve both cohesion system design proposal,hope to better implement docking of the two,to perfect our legal and non-legal cohesive mechanism,so as to realize a can properly,fast,and a vision of fair dealing with civil and commercial disputes.