The Study On Compromise Of Civil Procedure Law In Our Country

Judicial compromise is differing from extracurial compromise, court mediation or judicial adjudication. Compromise of civil lawsuit is not an independent system according to the Civil Procedure Law in our country. It's only representing a certain state in the civil action system of our country. In different countries the nature of judicial compromise is variously defined. However, an acute determination on the nature of judicial compromise is prior to the discussion on elements and effects of it and on the remedy for faulted compromise. In the longitudinal comparison of the systems of judicial compromise, court mediation and judicial adjudication, we can find how to appraise the diverse standards which are applied for the function of judicial compromise. In the parallel comparison with foreign judicial compromise that indicates the indispensable effects of the evidence explanation and explanation right of the judges in limiting judicial power and completing the system of judicial compromise. Scientific designs for chartered lawyers managing judicial compromise, which converts mediation system to judicial compromise system, will help to implement the legislative goals of civil procedure law with much efficiency and fairness than the judge-directed reconcile mode. The systematic judicial compromise is based on concordance when its processing and result are subject to the combined limitation of concordance and standard. Judicial compromise system is rooted in the basic principles of civil lawsuit while pushed the principle of litigation benefit to advance.Abandoning the mediation system to build up the judicial compromise is rational and theoretically feasible. But we should take the procedures in account. Though strict, complicated and professional procedures are helpful to form and maintain orders and regulations, at the same time they mean expensive judicial cost, endless litigation processing, profound legal quality and more difficulties for legal parties to come close to legality. So the compromise system is on the premise that supply the involving parties the right of procedural choices beyond the extent of judicial decision which ends a case.The fundamental factor for reforming the civil litigation is to transfer the basic mode of civil litigation. That is to say, the existing basic mode of authority-directing civil litigation transfers to legal parties-directing one. The transfer must display the idea of legal parties-directing and restraint the basic principles of the whole civil litigation structure-----restraint discussion principle and principle of disposal that really expresses the parties'freedom of disposal. In addition, removing the principle of state intervening which in fact existed and acted for a long time, limiting the state intervention as small as possible. Undoubtedly the construction of compromise system is a turning point to the reform of civil litigation of our country, which adopts and develop the former mediation system while builds up a whole new system.