A Study Of Conciliation System In Civil Action

The objectives of reforming the judicial system is to identify a rational dispute resolution mechanism. As a widely applicable and indispensable way to solve civil disputes in China, conciliation has emerged at the forefront of judicial reform. Where conciliation system in civil action should go in the current era is currently a hot topic for many people.Current conciliation system of civil action about our country and western states has been studied in this study, and where the conciliation system of civil action should go has been also studied from the value definition. Based on above-mentioned, arrives at my humble opinions on further improving China' s conciliation system in civil action. Below listed are a number of breakthroughs that have been achieved by this study. (l)The conciliation of civil action has been studied from jurisprudence and judicial practice by integrating theory with practice;(2) A study and analysis of pros and cons of Regulations on Certain Issues of Civil Conciliation by People' s Courts, the latest legislation concerning conciliation;(3) Breaking away from the twoextremes of bundling and complete separation of conciliation and hearing procedure by putting forward the option of limited separation;(4) Pointing out the legal loophole in the new regulation permitting part conciliation for some cases;(5) Attention is given to important systems in judicial practice that are often ignored during conciliation, such as judges' private sitting and time limit for concluding a trial, and a well-rounded proposal is given;and (6)Initiative is proposed to completely eradicate forced conciliation , after analysing the cause of it.During China' s progress towards prosperity, the country' s judicial circle is faced with the key issue of effectively leveraging the unique advantages of conciliation system in solving the conflict between ever increasing civil disputes and the construction of a harmonious society. Based on this study, the writer puts forward some suggestions for bettering conciliation system in civil action by integrating theory with practice. The writer hopes this can make some contribution to construction of the country' s legal system.