Realizing Justice Through Conciliation

Viewing from judicial justice, this paper discusses some issues of China's conciliation system in lawsuit which mostly include the tradition, actual circumstances, existent problems and reconstruction.Chapter 1 gives a brief introduction of conciliation system in lawsuit, mainly introducing it's signification and character, and displaying the comparision with adjudication on function and judicial justice that it will achieve.Chapter 2 reviews the ancient conciliation system in lawsuit in China and it's influence on current conciliation system. In ancient China, the characters of official conciliation include: Firstly, conciliation received preferential status; Secondly, conciliation is compulsory; Thirdly, official conciliation was combined with folk conciliation; Fourthly, this system paid equal attention to conciliation and civilization, emphasizing how to making concessions to avoid trouble. Moreover, this paper takes three news materials for instance to discuss the profound influence on current judicial practice that conciliation system in ancient China has produced.Chapter 3 displays the course of construction and primary content of current conciliation system in China, and points out the problems remaining in it. Theses problems are as follows: Firstly, regarding conciliation in lawsuit as basic principle of civil procedure law; Secondly, the pattern of our legislation which combines conciliation with trial; Thirdly, the principle of conciliation that fact is distinct and liability is clear; Fourthly, the effectiveness of conciliation agreement in lawsuit is instable. Chapter 4 analyzes the problems remaining in the China's practice of conciliation in lawsuit, which mainly include: Firstly, the ideology that conciliation is only a tool exists in judicial policies, Which ignore the right relief of the parties and incline to make conciliation become politics, so as to deviate conciliation from judicature. Secondly, the change occurs that the judges are more young and professional since the judges law has been enacted, which has been making many judges prefer making a judgement to conciliation.Chapter 5 puts forward to some legislative proposals to reform China's conciliation system in lawsuit. They are as follows: Firstly, the new idea of conciliation should be set up. So it's necessary to eliminate flippancy thought, regard and deal with conciliation gently and rationally. Furthermore, we should respect the parties'right of disposition and give priority to the parties when carrying out orientation, and correct the idea which regarding conciliation as a tool to set up the idea of right's protection, then make realizing justice through conciliation become motif in the current conversion of conciliation system in China. Secondly, we should employ the mechanism of protecting right to insure that justice of conciliation will be achieved. So it's necessary to carry out conciliation in accordance with the principle of voluntariness, and based on that principle to endow judges with the power of intervention and improve the rule of clarifying conciliation by judge, so as to make sure that conciliation will be carried out based on sense, symmetrical information and balanced power. Thirdly, the current pattern of conciliation which combines conciliation with trial should be reformed to constitute the new pattern which separating conciliation from trial.