The Research On The Legal Regulation Of Compromise

Compromise regulation is one of the important contents in the civil law. However, there is no relevant stipulation in Chinese civil law. Many people have misunderstood the characters, force effect and value of the compromise regulation. The author systematically demonstrates the basic content and the important value of the theory of compromise in this dissertation. Furthermore, the author puts forward with suggestions about the enaction of the compromise regulation in Chinese law.First, the author outlines the conception, parties and characters of the compromise as well as the connections and differences between compromise regulation and similar legal regulations so as to make the characters of compromise clear.An important issue of the compromise regulation is it's value .The compromise has been regarded as contradiction to the spirit of ruling by law for long times in our country. It is actually a mistaken view. Through the discussion in the second part of the dissertation, the author points out that the compromise also reflect the spirit of ruling by law and has fundamental status which cannot be substituted by other systems.In the third part, the author expatiates the fundamental elements of the compromise from four points of view, it includes the object ,the parties ,the legal procedure and format as well as a special term that the parties should concede to each other .The force effect of compromise constitutes an important issue of this dissertation not only because it is the central content of the compromise theory but also because there are many people in China who think compromise contracts have no binding to the parties. From five perspectives, the author discusses force effect of the compromise. Since the confirmative force effect and the special force effect have great significance, the author explains them in detail.On the basis of the expatiation, the author points out some problems of the compromise regulation in our country and comes up with his own suggestions on how to establish the compromise regulation in Chinese civil law and other statutes.