1. legal rules: the prosecution is conducted in the judicial court system, and the judicial procedure law and relevant laws and regulations are applicable. Arbitration is a private way to solve disputes, and the arbitration law and the arbitration agreement reached by both parties shall apply;
2. Process: Prosecution usually needs to go through court procedures, including filing a case, hearing, investigation of evidence, hearing and debate. Arbitration is that an independent arbitrator or arbitration panel is responsible for handling disputes, and both parties reach an agreement on arbitration procedures and conduct arbitration hearings and investigations according to the provisions of the agreement;
3. Costs: Prosecution may involve higher costs, including attorney's fees, legal fees and other related expenses. The arbitration fee is usually low, but the arbitration fee and arbitrator fee may need to be shared by both parties;
4. Decision method: The final decision of prosecution is made by the judge according to the applicable laws and evidence. The final decision of arbitration shall be made by the arbitrator or arbitration panel in accordance with the arbitration agreement and relevant laws and regulations.
Steps of the prosecution procedure:
1. Application for appointing a guardian: One party or the court may apply to the relevant court for appointing a guardian to represent the defendant in the proceedings. The applicant needs to provide sufficient reasons and evidence to prove that the defendant is incompetent or unable to participate in the proceedings on his own;
2. Court's review of the application: The court will review the application and decide whether to approve the appointment of a guardian by considering the defendant's situation, the applicant's wishes, legal provisions and other factors;
3. Appointing a guardian: If the court considers it necessary to appoint a guardian, the court will appoint a suitable person as a guardian and notify the guardian to participate in the proceedings;
4. Guardian's participation in litigation: The designated guardian will participate in litigation procedures on behalf of the defendant, exercise relevant rights and interests, and perform guardianship duties.
Materials required for prosecution:
1. Criminal reporting materials: including criminal reporting materials submitted by informants or police, such as reporting books, statements of informants, police investigation reports, etc.
2. Investigation materials: including police investigation materials on the case, such as on-site investigation records, witness testimony, physical evidence, appraisal reports, on-site photos or videos, etc.
3. Case evidence: including all kinds of evidence related to the case, such as documentary evidence (documents, contracts, etc.). ), physical evidence (weapons, drugs, etc. ), oral evidence (witness testimony, etc. ), as well as identification reports (such as DNA, fingerprints and other identification results);
4. Personal information of the suspect/defendant: including personal information such as the identity certificate, address and contact information of the suspect/defendant;
5. Witness testimony and statements: including witness testimony or statements related to the case, which may require investigation, evidence collection or testimony in court;
6. Expert appraisal report: in some cases, relevant experts may be required to conduct appraisal or provide professional advice, such as forensic appraisal and psychological appraisal;
7. Other relevant materials: According to the needs of specific cases, it may be necessary to collect other relevant materials, such as bank records, telephone call records, emails, etc.
To sum up, prosecution and arbitration have their own advantages and disadvantages and are applicable to different types of disputes. Prosecution usually applies to more complicated disputes, which requires systematic trial and authoritative decision-making by the court. Arbitration is usually applied to cases where both parties want to settle disputes quickly, privately and flexibly, especially in the field of international business.
Legal basis:
Article 58 of the Arbitration Law of People's Republic of China (PRC)
If the parties present evidence to prove that the award is under any of the following circumstances, they may apply to the Intermediate People's Court where the Arbitration Commission is located for cancellation of the award:
(1) There is no arbitration agreement;
(two) the matters decided are not within the scope of the arbitration agreement or the arbitration commission has no right to arbitrate;
(3) The composition of the arbitration tribunal or the arbitration procedure violates legal procedures;
(4) The evidence on which the award is based is forged;
(5) The other party has concealed enough evidence to affect judicial justice;
(six) the arbitrator in the arbitration case, bribery, favoritism or pervert the law.
The people's court shall form a collegial panel to examine and verify, and if it considers that the ruling is under any of the circumstances specified in the preceding paragraph, it shall make a ruling to revoke it.
If the people's court finds that the ruling violates the public interest, it shall make a ruling to cancel it.