Study On Construction Of Court-annexed Conciliation System In China

At the end of the 20th century, the human society changed a lot which resulted in many dissensions. It didn't work well that depended on the traditional lawsuit to solve dissensions. So a new system to settle the disputes appeared which is called ADR. The most important form of ADR was Court-annexed conciliation which attracted close attention on abroad in recent years. The national scholars didn't agree to classify ADR as extrajudicial dispute solution System, but suit field. And they addressed the part of construction simply. Practically, many courts had tried to settle the new conciliation system by courts. Lacking of the law, the courts reformed on different standards and ways.Based on the situation, this article will put forward the theoretic basics and material ideas on establishment of court-annexed conciliation system to enrich the theoretic research and judicatory practices. The article included four parts:The first chapter involved the keystone of court-annexed conciliation. It included the definition of the court-annexed conciliation, characters, qualities, theoretic basics and the compare to other conciliations.The second chapter discussed the necessary and feasibility to establish court-annexed conciliation system. Because of the defect on traditional lawsuit and the limitation from the national condition, it's necessary to build a new type conciliation system to make up these practical defects. It can work well if the judicatory policy of court changed, the theory bases assured and the separate experience was successful.The third chapter learned from the foreign court-annexed conciliation system. The national courts can refer to the successful experience.The fourth chapter put forward the way to establish the court-annexed conciliation system. It can be divided into three aspects. The first is legislation, the second is the main practical measures, and the last is the supporting guarantee measures.