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On Lawsuit Reconciliation

Posted on:2008-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2166360212976879Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the elementary reconciliation exists the possibility of legalization, and the systematic reconciliation embedded in the foreign civil procedure is the lawsuit reconciliation of continental legal system. Lawsuit reconciliation has following characters: firstly, the connotation of lawsuit reconciliation is different from extra-litigation conciliation, court mediation and civil execution reconciliation; secondly, the procedure and result of lawsuit reconciliation is formatted by the rules as well as the consensus. Therefore, there can be diversified standards to evaluate the function of lawsuit reconciliation; thirdly, lawsuit reconciliation roots from the basic principles of civil procedure law, and promotes the renovation of the principles. Scholars hold different opinions towards the character of lawsuit reconciliations, and to determine the nature of lawsuit reconciliations exactly is the precondition of discussing the requirements, effectiveness and the remedies of defective lawsuit reconciliation. Its dual characters decide that the qualifications, effectiveness and the remedies of defective lawsuit reconciliation can be incarnated in both substantial law and procedural law.The purpose of sketching out the integrated systematic templet is to provide an example for the civil procedure law of our country to consult for...
Keywords/Search Tags:Lawsuit reconciliation, Consensus, Court mediation, Reform
PDF Full Text Request
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