The System Of Civial Reconliation

Our country have carrying on the judicial reform at present .Trial pattern reform was considered is most important question which current urgently waits to be solved. What kind of civil action system which enable manifest the nature of civil law and litigant's meaning autonomous well is established and this system can resolve thoroughly , has caused many scholars' ponders. Some scholars proposed that we can introduce the conciliation system in overseas when discussed our court mediation reform, they argued conciliation is a smallest way that solve society conflict being its characteristic. But looks over our country civil law, conciliation is regarded not as a kind of system but a kind of litigant's rights in legislation. This caused chaotic in understanding the lawsuit reconciliation in the judicial practice, the court processed the result which litigant achieves the reconciliation not to be inconsistent, it has affected the judicial unity and authoritative seriously. Having studied the related question of lawsuit reconciliation system in , drawn lessons from the experiences of other countries and regions, the author proposed a specific idea that to establish the reconciliation system to suit China's national conditions.This article is made up four parts:The first part is the outline of the lawsuit reconciliation, mainly discussed concept of lawsuit reconciliation and its jurisprudence basis. The second part introduced the civil lawsuit reconciliation system in different countries and regions briefly. Comparing the difference of rule legislation in two system of law, by analyzing its causes, introduced civil reconciliation in the building of our system that learned successful experience from the other countries and regions. The third part, the author not only explained the relationships in reconciliation, mediation and trail, but also described the differences that the degree of judger involvement in lawsuit procedure as well as application in law, by inspecting dynamically in reconciliation, and then specifically analyzing the differences among them. The author pointed out reconciliation is not an accessory of trail procedure, but is a system independent from the trail and mediation. The last part, the writer analyzed the necessary of establishing the reconciliation in China. Meanwhile, reasoning how to build it in detail. The author proposed the trance of civil law development is provide more rights to alternate procedure for parties. Therefore, the author suggested that we should make the binary system of reconciliation system and mediation system co-existed in order to improve our civil law system.