The Study Of Conciliation In The Civil Lawsuit In The View Of The Right Of Lawsuit

Making the meditation system as the public relief is a judicial innovation in China, which just is a kind of social relief. But whether the innovation is reasonable on the legal theory or not, and whether it infringes the lawsuit rights of the parties or not are still questions. Many scholars have discussed and criticized the conciliation system in the civil lawsuit. But in my view, such arguments weren’t fundamentally and exactly. Most of them hold that conciliation system is reasonable, but has some slight defects in system design. Also some scholars realize that conciliation system has violated the civil litigation law, but what has violated the civil litigation has been proved just from various aspects not involving the fundamental disciplines of civil lawsuit, such arguments can’t explain the irrationality of conciliationin civil lawsuit fundamentally. The article holds the thought that the conciliation system against the highest goal of civil lawsuit—civil right safeguard in the view of civil right of appeal. In order to prove the point, we need the study of comparative analysis on law theory. And discuss the difference in nature between civil judgment and conciliation outside the civil lawsuit fundamentally by carding of civil litigation theory and from the perspective of civil right of appeal. So we can conclude that the existence of conciliation system is harmful to civil lawsuit and the mechanism is not reasonable. On the basis, the author put forward his own views on the conciliation system in China. The conciliation system as the traditional way of the people’s court for handling civil disputes in our country has its particular historical significance. But as the process of law in our country and the improvement, of the legal system, increasingly, the harm of the conciliation system become more and more obviously and seriously. The conciliation system is a kind of unreasonable civil dispute settlement mechanism, which should be cancelled gradually and should separate the conciliation system from the civil judgment system, set up the independent and good cohesion of new civil dispute settlement mechanism.