Studies Of Court Conciliation System

At present, there is no doubt that the reform of court conciliation system is a very important part of the judicial reforms in China. Court conciliation system has a long history and having accumulated abundant experience as well as many problems. It is a very difficult problem that how to not only restrict and eliminate the ambivalent parts between the conciliation and the modern rule of law but to keep and develop the parts that is actually sound.Studies of court conciliation system are of two parts:The first part of which is a brief introduction of the elementary theory of court conciliation system and a consideration of its function in practice. The meanings of conciliation are different from each other from the East to the West. Court conciliation system of China has some relatively strong characters of his own in the theory and practice of civil action, including conciliation priority, judge dominating, the mixture of conciliation and judgment, conciliating at any time and efficiency first. Conciliation has a long history in China. Court conciliation system is rooted from the conciliation of the border revolution areas. After the foundation of the People's Republic of China, court conciliation system keeps on development. The positive effects of court conciliation system in practice include highly efficiency, agility, downrightness and the easiness of settlement agreement being carried out. At the same time, there are some problems that need to face to, for example the contradiction between court conciliation and the parties' rights, the voluntaryprinciple of conciliation always being discarded in judicial action and the half-baked of the rules of the conciliation.The second part of which emphasizes on bringing forward assumes of reform and the thoughts of perfection of court conciliation system in the basis of compare review between different countries and areas. Court conciliation system of some foreign countries and areas, for the separation of the conciliation and the judgment, is apparently distinguishing with China's. At the same time, action compromise is widely existent and plays an important effect in action process. The reform in the basis of the separation of the conciliation and the judgment has feasibility and necessity at the present time. The reform of court conciliation system should be restricted in the persistence of the principles of free will, legality, not be heard in public and keeping secret. Being reformed, court conciliation system should carry out "three separation", which the first is the separation of the identity between the conciliation personnel and the judgment personnel so as to endow with the power of conciliation entirely to the judge assistant while the judge take charge of judgment jurisdiction; The second is the separation of the action phase between the conciliation and the judgment; The third is the separation of law cases between those are needed to conduct conciliation and those do not need to conduct conciliation. Perfect the system of action compromise, and make the system of action compromise and court conciliation cooperate well and bring out the best to each other.