Research On The Court Conciliation System In China

As a traditional Litigation System in China, the court conciliation system takes an important place in the Civil Procedure Law of our country. On one hand, the court conciliation system plays a positive role in keeping social stability and dispelling disputes; on the other hand, its drawbacks are it exposed severely. On the road to a state ruled by law, it is unavoidably for China to refer herself to the court conciliation system. In the past more than twenty years, it is also a focus of the judicial reform, and there are many disputes about it in the circles of theory and practice. Through the unscrambling of the court conciliation system, its current situation, reviewing its history, and making overseas investigations, this article points out the drawbacks and deficiencies of the court conciliation system in our country. And thus emphatically discusses the problem of how to reform the system to make the Chinese court conciliation system, which is praised as "Eastern Experiences ", become more rational. The article can be divided into four chapters: Chapter 1: brief introduction of Chinese court conciliation system Court conciliation system is also called litigant intermediation, which refers to the activity that under the run of judicial staff in People's Court, both of the concerning parties consult voluntarily, equally on the disputes on civil rights, in order to reach an agreement and solve the disputes. We should realize court conciliation system from the two aspects of the trial behavior of the court and the punishment behavior of the concerning party, and we should regard court conciliation system in our country system as the combination of the concerning party exercising the right of punishment and the court exercising the right of judgment. Court conciliation system takes an important place in our civil procedure system. The court in our country has adopted such kind of mediating judicial method to deal with civil lawsuits, and makes it become an important system in civil procedure in our country. Chapter 2: history review on court conciliation system in China Through the reviews on the history of court conciliation before the foundation of the People's Republic of China and the court conciliation of PRC and the investigation on the conciliation system in Taiwan of China, the chapter picks up that the ideaistic root of "emphasis conciliation "is people's pursue to the natural and harmonious order, and the civil conciliation system in China experiences a evolution process of "priority to conciliation----emphasis conciliation-----voluntary conciliation". Chapter 3: comparative research on overseas court conciliation systems Through the emphasis conciliation on lawsuits settlement systems in laws of the U.S.A, Germany and Japan, we can see the three modes of overseas conciliation systems: First, the mode of combing the conciliation and trial together; Second, the mode of separating the conciliation and trial relatively; Third, the mode of separating the conciliation and trial totally. And it also compares the differences between the three kinds of modes and the conciliation system in China, and those differences are what the Chinese court should be used for reference. Chapter 4: reflection on the improvement of court conciliation system inChina The chapter is divided into four sections. Through unscrambling the current situation of the court conciliation system in China and its drawbacks, the chapter points out the necessity of reforming the Chinese court conciliation system, and it also puts forward the scheme to reform the court conciliation system. Thus it emphatically expounds how to improve and strengthen the Chinese court conciliation system. First, setting up other valid mechanisms in the system to improve and remedy the deficiencies in the Chinese court conciliation system, to be specific, it points out three kinds of ways: (1) Strengthen conciliation mechanism to the non-litigation disputes. The court steadily confirms the civil cases thorough non-litigation disputes directly, and gives its right of execution. (2) Build the conciliation system of lawsuits. (3)Standardize the incentive mechanism of curt conciliation, and ensure that the legitimate rights of the concerning party can be realized in the conciliation. Second, improve the quality of judges to ensure the healthy and steady development of the court conciliation system. Whether in the court conciliation which is marginalized gradually and criticized generally, or in the court trials which is the center of judicature, the quality of judgers plays an important roles. On one hand, judges change their behaviors with the change of the restrictions of the system, and on the other hand, judges also are influencing the court conciliation in different periods and the court trials through their own behaviors and the features of the time. It is only that the judges with high quality, good morality and noble sentiments can execute the court conciliation system better in future.