Conciliation in civil procedure is a system that has distinct Chinese characteristics, it is considered as a "wonderful work" and "eastern experience" that comes from China traditional legal culture. The China society is transforming rapidly at present. With the development of market economy, the people 'court is considering how to solve disputes completely and in time. Classifying the case, improving judicial efficiency, reducing the cost of the lawsuit has been the top task of the people's court.Conciliation is used the most usually in trial, it has irreplaceable function and value. With the development of the judicial reform, conciliation has exposed some limitations, such as judge being conciliator, functionism in conciliation, finding out fact being wrong, either party having the right of backing out of the settlement agreement. These questions should be improved.In recent years, conciliation has been examinated by judge and lawyers. They have presented some different ideas: concealing conciliation, conciliating before suit, conciliating before trial, conciliating throughout the trial etc. This thesis is trying analyse the history and current situation of conciliation, study the conciliation system in the United States, Japan, Germany, France, and present some ideas of improving the conciliation system in China. The author thinks that conciliating before trial is the best way.Meet multi-level judicial demand , carry on pluralistic design program and try operation, it is a trend of trying the reform of the people's commercial affairs to strengthen the procedure management of the case and accelerate the lawsuit process. I think distributary of simple and easy case and ordinary case complicated and simple degree different according to case, introduce it different procedures , consume the effective way of obtaining the largest lawsuit income with the time at least. In the face of various in style, the people commercial dispute that come in every shape, single procedure structure already difficult to meet the current trial practice, set up the procedures of the appropriate different disputes of adaptation, found the scientific case and shunt the mechanism, it is a sign of a lawsuit with progressive system to dispose judicial resources rationally. The conciliation proceedings is the optimization grouping which realizes the case and contentious procedure in front of the front yard, it is just with one of the best ways of efficiency to reflect. |