The Reconstruction Of Reconciliation System For Civil Procedure

It will be a new direction for modern society to deal with civil disputes by regulating the society,itself,respecting the free will of the parties,and reducing the interference between the powers and powers.The formation of the rule of law society should keep pace with the awakening of self-consciousness.However,the current civil disputes in China,such as the mode of dealing with the dispute,the trial of the lawsuit,the reconciliation,the doctrine of the power of mediation are too obvious,the conciliation and mediation outside the lawsuit is also facing the crisis of confidence of the parties.The evolution of the type and specialization of the litigation dispute,make the existing trial,reconciliation and mediation mechanism of the three serious imbalance,and each system to the modern dispute type revealed obvious lag and not adapt.Therefore,it is very important to reconstruct the reconciliation system,which is compatible with the trial and mediation.In this paper,the basic concept of civil litigation reconciliation through research,learn from foreign regulations and practical experience,and compares the court mediation between,from the perspective of theory and practice,for the reconstruction of China's civil litigation settlement system,the paper put forward some suggestions.Specifically,this article includes three parts:The first part is a basic overview of the settlement system of civil procedure.The analysis of the concept of civil litigation reconciliation system establishes the preconditions for the whole study.To discuss the nature of the settlement of civil litigation,to make theoretical support for the reconstruction of reconciliation system.The analysis of the relationship between reconciliation and court,to lay the foundation for further clarification of the settlement system;the second part is the status and defects of civil litigation reconciliation system.This part summarizes the present situation of our country's civil lawsuit reconciliation system in our country.This part of the problem is not only the existence of loopholes in the system itself,but also contains the settlement system in the application process,and the court mediation,trial and implementation of the process of convergence of the plight of.The third part is the reconstruction of the civil litigation reconciliation system in our country.The first part of the reform of the judicial system and the perspective of legislation theory analyzes the necessity of the reconciliation system changes,followed by a feasibility study on the reconstruction of civil litigation reconciliation system in our country's current litigation system,aimed at the system itself and for defects,put forward suggestions on the reconstruction of civil litigation reconciliation system.It also includes the relationship between the lawsuit reconciliation system and the court,the relationship between the civil litigation reconciliation system and the first instance verdict,the reconstruction of the elements,the effect and the procedure of the civil litigation reconciliation.