The Study On The Effects Of Second Instance Proceedings Reconciliation

December 20, 2011, the Supreme Court released the first batch of guiding cases, which indicates that China will initially establish a case guidance system with Chinese characteristics. Case No. 2 guide which Wu Mei Paper Co. v. West, Sichuan Meishan contract dispute case is to reconciliation as a starting point. This case is outside the settlement of litigation settlement entered into during the second trial, a long time scholars study more on the settlement of litigation, for the settlement of litigation just outside their areas of civil contracts classified as simple, think outside the settlement of litigation does not have procedural law effect on. This article will be published for the Supreme People’s Court Case No. 2 guide assessment, from the basic meaning of the second instance settlement of litigation, the legal basis to start, make specific nature and effectiveness of its elaborate, and on this basis to be determined for the second instance judicial action settlement confirmation system.The full text is divided into four parts, more than 20000 words :Part I: the basic circumstances of the case make a brief introduction, including the cause of action, the basic facts, disagreements and disputes focus.Part II: the relevant legal analysis. The first is the basic meaning of the second instance settlement of litigation exposition, which involves the concept of second instance settlement of litigation, features and Discrimination and related legal concepts; followed by second instance proceedings set forth the legal basis for reconciliation; again is the first second instance settlement of litigation to define the nature and effectiveness; and finally the elaboration of a violation of the second instance settlement remedies.Part III: Analysis and conclusion of the case. The first is to analyze the nature of this case and the effect of the settlement agreement and the remedies for breach of agreement analysis; followed by an analysis of the reasonableness of the decision of the case.Part IV: The first is the second instance in the judicial settlement of litigation practice in the application of certain of the empirical research, the main questions of interpretation because the effectiveness of the settlement agreement is not clear and applicable arising: Second validity of the settlement agreement is not clear this issue causes for analysis: Finally, on our second instance litigation settlement proposals for improving the effectiveness of the above analysis.