On The Litigation Settlement System

It is widely recognized, by professionals in economy as well as scholars in law, which there are, in the market economy, more contracts or agreements of connections in the form of a dynamic'exchanging'and'processing'. Hence, while seeking the appropriate dispute settlement mechanism, many countries have achieved the combination of the rules in private law and public law through the introduction of the covenant system rooted in the private law to the public law. And the rules of action reconciliation, one of its core and critical contents in the litigation contract, have been taken great heed of by the countries of the civil law system and the common law ones.It is very common in China, one of the market-oriented economies, where the parties end up with arrangements in lawsuit. Nevertheless, owing to the failure to reveal the nature and character of the suit deed considering the related rules in China's Civil Procedure Law. There exist a great variety of chaotic judicial practices. This fails to benefit the healthy growing and developing of the China's market economy; moreover, it inhibits the process of China's'rules of law.'Therefore, it is a challenging and pressing job for China's Civil Procedure Law to undergo reform on how to reshape the system of action compromise with Chinese characteristics.This thesis covers four chapters, excluding the preface and the conclusion.Through the analysis of the relationship of rights and powers in the civil action, the preface presents the action conciliation, demonstrating the necessity of establishing the proceeding compromise system in China.Chapter One deals with the general discussion of case compromise, which consists of three issues: the concept and definition as well as the nature of this composition contract, its function and the comparison and contrast between the suit transaction and the case mediation. In regard to the nature of case arrangement, the writer bears the same point of view of gaojiaohongzhi,a Japanese jurist, that this deed is merely a kind of'technical argument'with respect of the regime as such. In terms of its function, this paper tackles it as follows: first, it involves a quick and thorough dispute settlement; second, it tends to cut down the suit costs; and third, it shall attempt to create legal norms. In the light of the situation in China, this article, by means of the comparison and contrast between and among the objectives, the nature and character as well as the non-judicial settlement of the dispute, comes to the conclusion that the judicial mediation in China is proceeding another road by comparison with the nature of suit transaction.In Chapter Two, there is a study of comparative law on the suit deed. It provides a general description about the action reconciliation in Germany, France, Japan, Britain and the U.S. After the comparison and contrast of the case compromise in the two legal systems, the paper concludes that there has been three distinctive features, which includes the means of connections in lawsuit transaction and civil proceedings, the roles the judges play and the varieties of the completing of action arrangement. Then, the thesis reveals the root why there are considerable differences in the case conciliation for the two legal systems in pursuant to the legal culture and the...