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仲裁与诉讼是两种解决法律纠纷的有效手段,同时也是解决民商事问题的有效规则和法律程序。实践中可以看到,二者之间的特点、优势不同,其作用、价值也存在着一定的差异。近年来,我国民事仲裁程序出现了一些非良性诉讼化现象,在一定程度上背离了民法中的意思自治原则,而且其自身优越性也渐渐的弱化,所以正面临着争议解决方式改变之威胁;诉讼也表现出一定的局限性,比如维权时间拉得太长,而且费用也比较高,容易给人一种望而生畏的感觉。本文将对仲裁、诉讼之间的关系进行分析,并以司法有限干预为切入点,就如何实现二者的有效融合,谈一下自己的观点和认识,以供参考。
Arbitration and litigation are two effective means of settling legal disputes and are also effective rules and legal procedures for settling civil and commercial issues. In practice, we can see that the characteristics and advantages between the two are different, and their roles and values are also different. In recent years, some phenomena of non-benign litigation have appeared in the civil arbitration procedure of our country, which departs from the principle of autonomy of will in civil law to a certain extent, and its own superiority is gradually weakened. Therefore, it is facing the threat of the change of the way of dispute settlement. Litigation also shows some limitations, such as the rights of the law too long, and the cost is relatively high, it is easy to give a feeling of daunting. This article will analyze the relationship between arbitration and litigation, and take judicial intervention as a starting point, on how to achieve effective integration between the two, talk about their own views and understanding, for reference.