On The Settlement Of Action System In China

The court mediation system in China has always been paid closeattention by people. Because the current system has many drawbackson theoretical guidance and the whole system construction, whichleads to one problem after another in judicial practice: it is verycommon that the judges violate consensus, the success rate andutilization rate of the mediation descend year by year, theperformance of the mediation agreements has the same difficulties inexecution, etc. All these go against the principles of justice andefficiency. So it has great practical significance to realize theprinciples of justice and efficiency through reforming and perfectingthe current mediation system. For this reason, the article attempts toprobe into court mediation system involving some basic theoreticalproblems and reconstruction of its procedure system, and so on. The settlement of action includes the ones of non- judgeinvolving and judge involving, the latter is the court mediation. Thesettlement of action in this article is the one of judge involving. Chinacourt mediation is identical to the foreign settlement of action inessence. It is significant to reform and improve our court mediation,namely the settlement of action of judge-involving, by learning fromthe successful foreign experience. On the understanding the characterof the settlement of action, it will be beneficial if we can observe itfrom different perspectives. In addition, both litigious right anddisposing right are also very important, and the latter is the basis oflegal theory to the settlement of action. When observing dynamicallywe can find out that consensus is the core of the settlement of action,but consensus itself is also apt to be violated by external world,especially by the judges' act. Because consensus actually is a matterof justice, the violation to it will discount the positive effect that 4litigants successfully use the settlement of action. Transaction costs isalso one of the factors which can affect the successful utilization rateof the settlement of action. There are such factors that affect thetransaction costs as the cost of obtaining information and the cost ofperformance and so on. Besides justice and transaction costs, thereare many other objective factors which affect the utilization rate ofthe settlement of action. The problems in the current court mediationsystem are the very ones of justice and efficiency, and standardprocedure of the settlement of action should be set up for its justice.At the same time, the role of the judges should be orientated towardsorganizers of the settlement of action and intermediary of relatedinformation. In order to increase efficiency, the costs of reconciliation,especially the cost of information and performance should be cutdown. It addition, the article still simply discussed the principles ofthe settlement of action and the mechanism of automaticperformance.