Civil law countries and regions generally regard arbitration agreements, guarantees of litigation costs and non-litigation contracts as obstacles to litigation, the investigation procedure is initiated by the defendant's plea in abatement, and the investigation methods under the debate doctrine are taken. The Arbitration Law originally proposed that arbitration agreements should be advocated by litigants as obstacles to litigation. However, the Civil Procedure Law and its interpretation made the non-existence of arbitration agreements a litigation element. The lack of regulation and research on litigation obstacles in China's legislation and theoretical research leads to the confusion between litigation elements and litigation obstacles. The provisions of the Interpretation of Civil Procedure Law on the investigation methods of arbitration agreements improperly infringe upon the parties' right to choose the way of dispute resolution, and even inappropriately expand the investigation power of the judges in litigation elements.To construct a system oflitigation obstacles and to take arbitration agreements as litigation obstacles, to initiate the investigation procedure by the defendant's plea in abatement, and to take the investigation method under the debate doctrine are the perfection direction of investigation method of arbitration agreement.