Civil litigation refers to all kinds of litigation activities of the people's court to try and solve civil disputes and other cases according to law with the participation of both parties and other litigation participants, and the sum of all kinds of litigation legal relations arising therefrom. 1. The scope of accepting cases is different. The Arbitration Law stipulates that contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated. Disputes that cannot be arbitrated include disputes over marriage, adoption, guardianship, upbringing and inheritance: administrative disputes that should be handled by administrative organs according to law. The scope of accepting cases in civil litigation is all civil disputes except administrative litigation and criminal litigation, including personal relations, property relations and other civil relations litigation. It can be seen that arbitrable matters overlap in the scope of civil litigation, but are smaller than the scope of civil litigation. All matters that can be arbitrated can be brought to civil proceedings, and matters that can be brought to civil proceedings may not necessarily be settled through arbitration. 2. The meaning of the main body of the startup program is different. The initiation of arbitration proceedings must be the consent of the parties or the expression of * * * *, the unanimous choice of both parties, and the willingness of both parties. Its performance is that both parties have arbitration clauses in the contract; Or although there is no arbitration clause in the contract, a special arbitration agreement must be reached, including that a specific arbitration institution must be selected before or after the dispute occurs, otherwise the arbitration institution will not accept it. The occurrence of litigation does not need the will of both parties, and it can be a unilateral independent act. If one party believes that its rights and interests have been infringed, it may bring a lawsuit to the people's court according to law without obtaining the consent of the other party. If the other party thinks that it should not sue or bear corresponding responsibilities, it shall state its opinions after responding to the lawsuit. 3. Litigation shall be subject to regional jurisdiction and level jurisdiction, and arbitration shall be subject to agreement jurisdiction. There is no subordinate relationship between arbitration institutions, and arbitration does not implement hierarchical jurisdiction and regional jurisdiction. When agreeing on an arbitration clause or signing an arbitration agreement, the parties may select and determine an arbitration institution with high ruling level and good reputation nationwide. People's courts are divided into four levels. The higher court has the function of supervision and guidance to the lower court, and the litigation is subject to hierarchical jurisdiction and territorial jurisdiction. The law clearly stipulates which level of courts and which regions have the right to govern civil disputes between the parties. A court without jurisdiction shall not accept civil dispute cases at will, and the parties shall not choose at will. . 4. The parties can't choose a judge, nor can they choose a court beyond the jurisdiction level, and the parties to arbitration activities can choose either an arbitration institution or an arbitrator. According to the provisions of the Arbitration Law, if the parties agree to form an arbitration tribunal with three arbitrators, they shall respectively select or entrust the chairman of the Arbitration Commission to appoint one arbitrator, and the third arbitrator shall be selected by the parties or entrust the chairman of the Arbitration Commission to appoint one arbitrator. It can be seen that the parties have the right to choose arbitrators. In litigation, the parties have no right to choose the members of the collegial panel. At most, they can ask the members of the collegiate bench to withdraw according to law. However, whether the court agrees to withdraw the lawsuit or not, and who will be the newly formed collegial panel after the withdrawal, the parties have no right to interfere and choose. Arbitration shall be conducted in secret, unless the parties request a public hearing, but the proceedings are different, and the hearing shall be held in public. Court hearings are generally held in public, except those involving state secrets, personal privacy or otherwise provided by law. Divorce cases and cases involving commercial secrets may be heard in private upon the application of the parties. The arbitration tribunal generally does not hear cases in public. The Arbitration Law stipulates: "Arbitration shall not be conducted in public. If the agreement between the parties is public, it can be made public, except those involving state secrets. " 6. Arbitration is final, with one award, while litigation is final by two trials. Arbitration is subject to the one-award-final system, that is, according to the arbitration agreement, one party applies for arbitration, and the award made by the arbitration tribunal after the hearing is final and takes legal effect immediately. The lawsuit is subject to the system of two trials and final adjudication, and a case is terminated after being tried by two people's courts and has legal effect. As a special case, the case of voter qualification shall be tried in accordance with the special procedure of civil procedure. Cases in which a person is declared missing or dead, cases in which a citizen is found to have no capacity for civil conduct or limited capacity for civil conduct, cases in which property is found to be ownerless are subject to first instance and final instance, and a large number of other civil cases are subject to second instance and final instance. 7. The degree of coercion is different. The case is being handled according to the procedure, and the arbitration institution has no right to take compulsory measures against the parties who interfere with the arbitration activities. The people's court may take compulsory measures such as compulsory summons, admonition, order to leave the court, fine and detention against the parties who interfere with litigation activities. When the arbitration institution makes an award and the parties refuse to perform the obligations stipulated in the award, the arbitration institution has no right to enforce it, and only one party can apply to the people's court for enforcement with the award. When a party refuses to perform the obligation of an effective judgment made by the people's court, the people's court may decide on its own or take enforcement measures upon the application of the party.