On The Perfection Of China's Civil Procedure Reconciliation

For a long term, Chinese court mainly adopt mediation to settle with civil, economic disputes, so formed the current court mediation system with obvious Chinese characteristics. As Chinese reform of the original political and economic structure based on the value orientation of the market-oriented reform, the traditional court mediation system has increasingly shown its inappropriate nature. Chinese current "Civil Procedure law" provisions of Article 51 seems to be endow with the right to reconciliation. However, when the parties want to exercise their rights, they have to face a series of problems: conditions of the reconciliation, procedures and effectiveness of the necessary relevant formulation can not be find in the current "Civil Procedure law", so the parties' rights lack of reliable protection. In my view, we can build up the system mediating not mutually exclusive system legal action compromise with legal action. In this paper, systematic analysis be aimed at this stage of Chinese court mediation system for the existing problems and research the the source of foreign litigation settlement system, with analysis of Chinese current system of civil reconciliation defects, with construction of a harmonious socialist society in china the practical requirements and further improve Chinese legal settlement system to enable it to better serve Chinese modernization process of the legal system.Continent genealogy law system and UK-US genealogy law system adopt the different mode of lawsuit, Concrete contentious procedure interposition, judge's authority is totally different. However, both the Japanese of continent genealogy law or United States of the UK-US genealogy law, in the mode of courts handle disputes be sure match, be based on the parties to respect the dispositions as the prerequisite, and establish a lawsuit settlement on the system. Its proceedings, the judge presided over by the settlement, reach a settle agreement depends on the parties' voluntary, the settlement agreement have legally binding effect. Difference is that the UK-US genealogy law (United States) pay more attention to protect the rights of the parties, reconciliation judges can not participate in the trial judge, whether the settlement agreement have enforceable effective, the effective of ban to appeal, agreed by the parties.Continent genealogy law countries (Japan) did not distinguish reconciliation judges and trial judges,and stipulate that take the reconcilition agreeement into notes, which have the effect of judgement. The mode choice of Germany, the United States and Japan on litigation settlement of lawsuit ,both adopted the combining patterns of parties' command and the lawsuit leading of judge base on their autherity. Western countries generally lead into the "case management system", actively manage the case by courts, extensively implement the system of Pre-trial conference, exchange of evidence and procedures of found, to encourage parties to settle disputes by using ADR, which makes most of the cases be solved without ruling but reconciled or mediation, This will be helpful to improve judicial efficiency, and litigation cost-saving. For the parties enjoy the rights to independently solve the civil and commercial disputes and their freedom of action on the subject of the litigation, respect for all parties in a civil action in the exercise of powers by the settlement, many states pay much respect to the reconciliation reached by the parties whom exercise their action rights in the civil dispute, Generally there are always stipulations about the lawsuit reconciliation in the "Civil procedure law",lawsuit reconcilation be broadly and effectively used in the civil procedure. Be compared in china, reconciliation have a profound traditional culture, Chinese Wo Hop culture is also very respect moderate, tolerant form of dispute resolution, advocacy people to resolve conflicts, harmonious and friendly coexistence. For a long term, Chinese courts main adopt mediation to deal with civil, economic disputes, and thus formed a fairly mediation form with the obvious Chinese characteristics. Following Chinese modern reform on the original political and economic structure of the law rules, as the value of the market-oriented reform, the traditional court mediation system has increasingly shown its inappropriate nature.This paper aimed the existing problems at this stage of Chinese court mediation system to do systematic analysis and to research the occuring source of foreign litigation settlement system, go by the successful experence of forein reconcilation system to improve its localization transformation and integrate the requirements of Chinese socialist and harmonious society construction,to construct Chinese court reconcilation settlement system and enable it be more suitable and effective to serve our modernization process of the legal system.This paper show the main purpose is that against the basic theory and the present situation of china reconciliation system of the civil litigation , take the foreign settlement system valuable experience, to improve Chinese legal settlement system.In this paper, the text is divided into three parts: The first part, introduse the civil reconciliation system's basic theory.Including concept and features of the litigation reconciliation; character of reconciliation; Elements and effect of the litigation settlement; relationship between the litigation settlement and mediation system.The second part, comparison of civil litigation reconciliation systems. Introduced the Chinese ancient and foreign litigation settlement system. Through the introduction and comparison of these content, the author lead to the presentation and defect of Chinese current civil mediation system. Finally discuss the necessity and feasibility of china establishing the system of litigation conciliation.The third part, put forward to improve Chinese civil reconciliation system. Including confirm the basic principles of reconciliation system; Establish legal settlement procedures; improve the legal settlement system.