On The Civil Settlement System

With the continuous development of modern market economy, the disputesbetween the subjects of market are increasing, which brings new pressure to thecourts'trial work. Therefore, it has reached a world consensus to seek a moreexpeditious way to hand disputes than usual judge. Litigation settlement systemjust meets the practical demands, which bases on the agreements of parties, fullyrespects the rights of disposing of the parties, embodies the modern marketeconomy"autonomy"and can promptly and thoroughly resolve disputes. Underthis background, many countries in the word have established litigation settlement,perfecting it constantly. It has proved in many countries that Litigation settlementsystem can satisfy the people's demands of handing disputes rapidly and efficiently.However, owing to historical and realistic reasons, Litigation settlement systemcan't play its role in our country, which is disadvantage to solve the civil disputesrapidly and efficiently. How to perfect Litigation settlement system has become aurgently subject. Therefore, we should continue to study the basic theories ofLitigation settlement system, inspecting foreign legislation and judicial practice,combining the reality of our country, establishing Litigation settlement system inchina to find a new way for the court mediation system which is faced withcontroversies in our country. The specific idea is that we can use Litigationsettlement to replace court mediation. However, because of legislative provisionson litigation settlement system is extremely limited, it is necessary for us to perfectthis system at basic principle, the time and manner, bearing of litigation cost,effectiveness, defect remediation, other supporting systems and so on.