Empirical Rresearch On The Standardization Of Litigation Action

The thesis starts from the prepotent trend of conciliation proceedings in present judiciary of China. The thesis employs samples and data through the demonstrational investigation, to reveal the unsatisfactory performance of conciliation in the judicial execution proceedings. Practically speaking, interview and files-examination have been used in the thesis to cast new light on the psychological characteristics and route of action of judges and litigant participants, and after the analysis, the thesis will present the failure of judiciary experimental reform. The thesis will point out that the overrun of conciliation proceedings in civil lawsuit is the inevitable outcome in transitional China in recent thirty years, the same as a variety of questions in applying of judicial system, The complexity of disputes arose from society transition makes for significant limitations of conciliation measure, that is, the conciliation proceedings has its own effectiveness of boundary, and it can not resolve all kinds of disputes. Especially after reform of trial mode in recent ten years, parties to disputes have high requirements to the procedures, e.g. the disputes-settlement procedures should be open and fixed, and the procedures should be adequate, even that the procedures have the function of developing substantive regulations and maintaining the social order and justice. Even though the contentions procedures are over-rigid and costly and time-wasting, the function of the contentions procedures to define the rights and duties are accord with the essential demand of rights-oriented market economy. If dual-protection of rights of entity and procedure has been ignored, and the function of conciliation has been over-valuation, the government by law construction will be affected. Meanwhile, the thesis attempts to point out the dilemma faced by the judges in basic level courts, which are in the administrative system and logic model, and the deep-seated reason is the excessive follow of judicature to the political situation. This question of reality should be faced squarely by the reformers to improve judiciary system and regulate litigation action. Only reformers follow the rules of judiciary, the litigation action can integrate into the construction of harmonious society. The thesis attempts to put forward to opinions and suggestions.The thesis is divided into five parts. Part1is the introduction for the purpose and significance of writing this article, research status and the writing of this article the thinking, method, advantages and disadvantages. Part2, the demonstrational investigation aims at the performance of the cases settled by conciliation during the implementationprocedure. In the Part3, the thesis thinks about the reason of the revival of the conciliation in civil litigation in contemporary China. And, analyzes the overflow and malfunction of mediation in civil litigation in practical judicatory. In Part4, the thesis explores the questions of litigation, court management and social background. Based on the discussion in Part4, Part5puts up with opinions and suggestion to regulate the litigation actions, other than the traditional stopgap and piecemeal solutions.