The Analysis Of The Nature And Effectiveness Of China Civil Lawsuit Reconciliation

Compromise, as a long-standing dispute means calm, this is the concept of substantivelaw refers to the controversial civil substantive issues the parties, and to solve the disputethrough the concession contract. However, as the comprehensive effect of civil litigation ofcivil substantive law and the civil procedure law "the field", and will come very naturally intothe substantive law and the procedural law, should be part of civil litigation. With thedevelopment of the civil procedure law, and plays a more and more important role in civillitigation, has become an important means of resolving civil disputes in the genus. Because ofThe application of and in the lawsuit reconciliation to resolve disputes, has a simpleprocedure, high efficiency, and low cost advantages, litigation, and the exercise of right ofdisposition and carry out civil law judicial autonomy spirit. Therefore, whether civil lawcountries or the common law countries, are provided in different extent and the application ofcivil litigation reconciliation system, But the litigation reconciliation in nature based on thedifferences of the lawsuit reconciliation, the different provisions of the legal effect.In our country, the meaning and effect to the settlement of litigation, the civilprocedure law does not clearly defined, but in fact the lawsuit conciliation in China coveredby the court mediation. Originally, as a modern civil non litigation dispute resolution(ADR) ofreconciliation and mediation have a very clear distinction, but because our country courtlawsuit efficiency and convenient execution based on the consideration of the function,grafting will action reconciliation plays in the court mediation. But China’s current courtmediation has been put on the "forced" coat, don’t reflect the settlements and mediationvoluntary "natural" spirit, sacrificed the right of litigants. Finally, results run counter to itsdesire.Based on this, now many parties are reluctant to mediation, but turns to settlementsand judgments, and in reality in civil action practice, the use of reconciliation disputes cases isalso increasing, the judge also increasingly recognized the superiority of lawsuitreconciliation to resolve civil disputes, they are just at a loss what to do on the basis of theCivil Procedure Law of our country about the litigation reconciliation "blank" provisions, or only for the settlement agreement mediation closed (if no legal theory strong support, thisapproach is not consistent with the legal logic, a little "tending to get beans."). Especially inthe second stage, both parties reach a settlement and applies for the withdrawal of appeal, andthe settlement without court confirmation, if the agreement fails to perform, obligee apply tothe court for enforcement of a judgment or settlement agreement, the court should executejudgment or should implement the settlement agreement? This involves the nature andeffectiveness of the settlement agreement. Therefore, how to deal with our country’s civillawsuit settlement, in the domestic academic circles and practice circles exist greatdifferences.In order to further strengthen the research in academic circles and practice circles on thelawsuit settlement, promote the establishment of perfect and the system of litigation andlegislation, this paper takes the case of lawsuit reconciliation civil perspective to analyze anddefine the nature and effect of our country’s civil lawsuit settlement by using the related legaltheory and methods.At the same time, practice base station in our civil litigationreconciliation, draw lessons from other countries and regions advanced practice, puts forwardsome suggestions on the improvement of China’s civil litigation reconciliation. This paper isdivided into four parts. The first part, introduced the basic situation of the case, including thecase introduction, cause of action, differences of opinion and the focus of controversy. Thesecond part, is using the theory of law case analysis of the issues involved, including theconnotation and classification of lawsuit reconciliation, the nature of the position and analysisof China’s civil lawsuit settlement and the analysis of effect of China’s civil lawsuit settlement.The third part is the analysis and conclusion on the topic case, including analysis of the legalnature and effect analysis of the reconciliation agreement in the case of the topic. The fourthpart, the author is legislative proposals to perfect litigation mediation in China, designincludes the macro suggestions and micro concrete system.