Research On Effect Of Civil Litigation Reconciliation

With the rapid development of the market economy, today the way to settle disputes more praise highly. In this kind of idea, driven by the development of civil litigation reconciliation system appears more in line with the times and the psychological demand. No matter what civil litigation reconciliation system development, finally all into the practice of civil lawsuit settlement what would happen validity problem comes up. In the countries all over the world are more important civil lawsuit settlement trend, our country's civil lawsuit settlement system's development is very immature, especially in civil lawsuit settlement of effect problem. Our country not only in concept comparative ignore the validity of the civil lawsuit settlement, in practice also lacks guarantee civil lawsuit settlement effect realization measures. We should study civil lawsuit settlement in the same time, aiming at effect problem in civil lawsuit settlement effectiveness problems to find solutions, ensure the validity of the effective realization. Therefore this paper will be divided into the following five parts:The first part, the settlement of litigation validity overview of civil. This part mainly lead readers to civil lawsuit settlement effectiveness to have a preliminary understanding and the understanding. First, this article introduces the definition and civil lawsuit settlement for the study of its effect nature, provide the condition, Second clear the validity of the civil lawsuit settlement, theoretically explores the source of civil lawsuit settlement produce effectiveness cause, Finally illustrate the research significance.The second part, civil lawsuit settlement effective elements and effectiveness. This section first from the solid and program, this paper discusses civil lawsuit settlement produce effectiveness the prerequisite. Effective civil lawsuit settlement needs not only meet the requirement of substantive law and procedural law shall meet the requirement. Secondly, the settlement of litigation validity civil content is the core of this part, main theoretically explain civil lawsuit settlement shall produce plant effectiveness, such ability in practice guide our legislation. Finally, the effectiveness of the civil lawsuit settlement flaw and relief approaches, mainly from the civil lawsuit settlement effect flaw cause for analysis of civil lawsuit settlement invalid and revocable situation, explore relief way. The third part, civil lawsuits reconciliation effectiveness of foreignfiction investigation. This part from foreign to legislation and judicial practice in understanding the validity of the civil lawsuit settlement problem, from the comparison of our state's civil lawsuit settlement effect choice. At the same time for below in Chinese civil lawsuit settlement effectiveness problems provide foreign experience, seeking to protect our country's civil lawsuit settlement effect realization measures.The fourth part, in civil lawsuit settlement effectiveness of the status quo and existing problems. This section through the analysis on the current our country's civil lawsuit settlement effectiveness of relevant provisions, mainly from concept, legislation, practice three aspects in civil lawsuit settlement effectiveness, the existing problems of the proposed in guarantee for below the realization of civil lawsuit settlement effectiveness measures, provides the basis.The fifth part, safeguard in civil lawsuit settlement effect realization measures. In this part of the main basis in the fourth part of the content, from concept, legislation, practice three aspects in civil lawsuit settlement effect realization safeguard measures. From our present situation, the result of the civil lawsuit settlement in legislation clearly China civil litigation reconciliation binding, determination of force, execution, practice makes our country civil lawsuit settlement obtain compulsory execution.Therefore this paper not only clear the civil litigation settlement effect theory system, and realize the our country civil litigation settlement effectiveness existing problems. Although our country's civil litigation settlement of the legislation have played many gaps in, in practice, also lack enforcement force, but we can from our present situation and learn lessons with Chinese characteristics, forming the civil litigation settlement system, fully guarantee the effectiveness of civil litigation settlement achieved. Therefore the author in introducing foreign existing experience that our country under the prerequisite of the civil litigation settlement shall take effect in meet the condition of have binding force and execution, identify and should be in the idea, the legislation and practice by regulation, thus three aspects in civil lawsuit strong guarantee the realization of reconciliation effectiveness.