A Study On The Legislative Perfection Of Conciliation System In Civil Lawsuits

The civil litigation reconciliation system is a kind of system to settle the civil disputes between private parties.It is mainly through the agreement between the two parties in the process of litigation that some kind of instruments are formed and finally the purpose of settling disputes is reached.The existence of reconciliation system on the one hand is the protection of the rights of the parties and respect,on the other hand to improve the efficiency of litigation,conservation of judicial resources is extremely important.However,due to the shortcomings of our litigation system,there are many shortcomings in our civil litigation reconciliation system,which makes the civil litigation reconciliation system difficult to play its duty.Chinese civil litigation reconciliation system in the legislation has not been fully affirmed and recognized.The defects of this system are mainly embodied in the following points: 1,the effect of litigation settlement agreement is not clear;2,the content of consensual content in civil proceedings is not clear legality;3,civil litigation settlement agreement is not clear;4,supervision and remedy mechanism absence.The existence of these institutional defects on the one hand is the system itself is inadequate,on the other hand is also some of the special reasons according to our country.The reason can be summarized as follows: 1,the influence of legislative background changes;2,the wrong positioning of civil litigation reconciliation;3,the impact of right-oriented;4,the impact of court mediation system.After analyzing the shortcomings of the system of civil litigation reconciliation and its causes,how to improve the system is an urgent problem to be solved,the perfect of civil litigation reconciliation has its profound theoretical basis.First of all,the principle of autonomy is the basis for perfecting the system.As a rational economic man,the choice of litigation reconciliation is the best choice in the comprehensive consideration of all factors.And the parties to make the selection of the system is also a concentrated expression of its meaning of autonomy.Secondly,the establishment of the principle of disposition of the parties provides a theoretical premise for the perfection of this system.This principle also constitutes the theoretical basis of civil litigation reconciliation,if the lack of disposition,the agreement reached by parties on the basis of self-expressed intention cannot be achieved.Finally,the principle of efficiency is the theoretical goal of this system.The civil litigation reconciliation plays an important role in reducing the cost of dispute settlement and improving litigation efficiency.To improve the litigation settlement system,resolve the dispute by the parties,not only save the judicial resources,more importantly,it can improve the efficiency of litigation,can achieve the basic value of the goal civil action-fair and efficient.It is of great theoretical and practical significance to consummate the system of civil litigation reconciliation,and the consummation of this system also has rich value target.First of all,the improvement of this system is the fully respect by the parties' decision-making of self-expression.Second,improve the system can effectively solve the "implementation difficult" problem.Thirdly,the improvement of the system of civil litigation reconciliation is beneficial to save the cost of justice.Finally,in order to alleviate social contradictions,we also need to improve this system.In order to perfect this system both theoretically and systematically,the concept of litigation reconciliation system should be reshaped in the first place.Litigation reconciliation contract will combine the disposition of the entity and the procedure perfectly,can rescue the litigation reconciliation system from the current predicament.Secondly,the principle of voluntary settlement should be established in civil litigation.In the system: 1,we should respect and strengthen the parties' right to dispose,it is one of the key of the current reform of civil trial.Only when the parties enjoy the right of disposition can they become the decisive factors to reach agreement,can keep the coercive or disguised coercive reconciliation under control,and the function of the settlement of disputes can be brought into full play.2,to clear the judge's interpretation obligations of litigation reconciliation.The interpretation obligation of the judge must be limited according to the content of the parties' settlement agreement,to avoid the expansion of the interpretation obligation of the judge to interfere and damage the agreement of parties.3,to establish the judge's review of the settlement agreement.When confirming the validity of the settlement agreement,the people's court shall not only examine the authenticity of the settlement agreement,but also examine the legitimacy of the settlement agreement.4,to give settlement agreement legal effect.As the settlement agreement has more than one advantage,it should be strongly encouraged to make the settlement agreement.In the civil sphere,a settlement agreement reached between the parties is inherently civil contract in nature.5,the establishment of per-trial procedures.The most important role of the per-trial procedure is to enable the parties to obtain sufficient information before the trial process,to sort out the focus of the dispute,to remove unrelated matters,so that all the circumstances is clear,to promote the parties to get reconciliation,that is,to obtain a high efficiency Of the trial.6,to strengthen the involvement of lawyers.Consultation between lawyers and lawyers is the most advantageous way to resolve disputes.Experienced lawyers are good at negotiating and judging cases.Establishing a sound lawyer system is crucial for the reconciliation of litigation.7,clear the period of the system.The period of settlement of civil lawsuit should be clearly stipulated.In principle,it can be reconciled as long as it belongs to the litigation system,so that it can fully guarantee the parties' right of choice and disposition.It is also the essential requirement of solving civil disputes.How to make it play its duty,improve the system of civil litigation reconciliation,become an important part of the civil litigation process.Every legal person needs to work hard to reach it.There are many institutional defects and shortcomings in the system of civil litigation reconciliation,which should be perfected from concept,principle and specific system.