Study On Civil Litigation Settlement

Since entering the new century,the rate of social transformation increases,so there appear many new social disputes and contradictions.Although our national court mediation system played a positive role in dealing with disputes,its disadvantages show gradually.Since the reasons in system itself,it's easy for judges to form mediation preference,even force parties to mediate,namely let parties mediate instead of interrogating them.One important task in judicial reform is to reform court mediation system.Seeing developed countries in the world,most of them have established mature litigation settlement systems in order to cope with the increasing social disputes and over-pressure court litigation.Litigation settlement means that in the litigation system,both parties come to a settlement agreement,and end the litigation behavior through the acknowledgment of court.This thesis thinks that it's the best way for court mediation reform to establish a litigation settlement system and non-litigate mediation system,which also conform to the tendency of national judicial reform.Litigation settlement,which is based on the consensus of both parties,obtains the effectiveness in Litigation Laws through the acknowledgment of court,and keeps the balance between the disposition right of parties and authorities of the court.Litigation settlement isn't the way for courts to exercise its judicial authorities,therefore it helps prevent the expansion of authorities in courts and squeezing disposition rights of parties.This thesis aims to analyze the litigation settlement system and introduce relative information about foreign litigation settlement systems,which provides theoretical foundations system conception for our national litigation settlement systems.The thesis is divided into five parts.First,it mainly determines the concept of litigation settlement,and introduces several relative theories about nature of litigation settlement.Second,it introduces the litigation settlement systems in representative countries which represent two law systems respectively,including the legislative stipulation of litigation settlement,concrete procedures and rescue measures.Third,it analyzes the necessity and possibility of establishing litigation settlement systems in China currently,which provides theoretical foundations for nation to establish litigation settlement systems.Last,it puts forward litigation settlement systems depending on the analysis and discuss in previous parts and our national concrete situations.