On The System Of Civial Reconliation

In market economies, the parties to resolve disputes by the use of reconciliation has been wide concern and attention. But our civil settlement in the system does not have an independent feature, Coupled with the judiciary's consistent preference for the mediation system, Difficult for our country's settlement system to play its function of resolving disputes. At the same time, As the rapid economic and social development, Civil rights struggle increasingly complex, diversified, Party lawsuit value target has become diversified, From a single development to seek the pursuit of an objective and fair to the value and efficiency of human rights values. In addition, Surge in the number of civil disputes brought to court serious backlog problem, Based on efficiency and cost considerations, The parties also hope to resolve the dispute settlement with reconliation. Therefore, How to build an Appropriate civil action civil settlement system reform in China has become an important and urgent task.In addition to a total of four full introduction of foreign parts, the main contents are as follows:First, an overview of civil litigation settlement. This part of the first settlement of our litigation and the nature of the concept were introduced, And compared with adjacent systems, Application of the principles of their theoretical analysis of Civil Procedure. Second, civil settlement system, comparative law analysis. Two schools of this part of the settlement system of the survey and comparative analysis, Summarizes some of the legislative experience and practice. Third,Analysis of China's civil reconciliation. This section summarizes the reconciliation of our system of legislative shortcomings and deficiencies in practical operation, and related issues were discussed. Fourth, China's civil reconciliation reflection. This section exists for the litigation settlement put forward a sound proposal.Based on the above analysis, the author concluded that:The crux of China's civil settlement system lies in the lack of legislative action settlement system, the specific provisions and relevant supporting measures for the protection, missing the concept of contract litigation, recommendations from the legislative to be perfect, from the concept of respect, the reconstruction of the system.