The System Of Civil Reconciliation In Our Country

With the advent of the time of lawsuit explosion, the sudden rise in dispute quantity has brought serious burden for the court in various countries. For this reason various countries are diligently seeking for diversified dispute settlement mechanism. In comparison with the traditional dispute settlement mechanism, agreement solution mechanism which has the advantages of low cost, high efficiency and feasibility, obvious social effect is becoming more and more appealing to many countries. Lawsuit reconciliation as a typical agreement solution mechanism is accepted by the majority country's legislations. The regulations in Chinese Civil Procedure Law are too simple and insufficient in relevant necessary procedure to be compared with that of the foreign countries. Presently, our country is carrying on the judicial reform vigorously to realize the transformation from "proceeding mainly by trial" to "proceeding by trial" with the goal of equity, justice and efficiency. Lawsuit reconciliation complies with this tendency and should be perfected in Chinese legislation. This article is to analyze the necessity and the feasibility to establish the lawsuit reconciliation in our country and then propose to construct our country's lawsuit reconciliation system on the base of foreign legislative experience. To establish the lawsuit reconciliation system is not only in accordance with the system itself's further need to develop, but also with the need of the civil procedure law system to perfect itself. At the same time, because the lawsuit reconciliation system has manifested the contract spirit of market economy and the principle of autonomy of private law, the establishment of lawsuit reconciliation system is advantageous in promoting socialist market economy's prosperity.This article divides into four parts the first part mainly elaborates on the connotation and nature of lawsuit reconciliation and points out the main problem and reason of the present situation of lawsuit reconciliation system in our country. The second part is mainly about the introduction of overseas lawsuit reconciliation system, and has analyzed difference and the reason of the two legal system reconciliation system in order to provide material which may be used in reference to the establishment of lawsuit reconciliation system of our country. The third part mainly proves the necessity and the feasibility to establish the lawsuit reconciliation systems in our country, in order to offer rationale for the establishment of lawsuit reconciliation system. The last part mainly deals with the conceiving of the establishment of lawsuit reconciliation system of our country and proposes the rationality of lawsuit reconciliation model which has absorbed the court mediation system and then elaborates on the concrete details about the principle, nature and validity, role of the judge and perfection of relevant systems in lawsuit reconciliation.