Settlement Agreement Including Terms Withdraw The Action In Civil Lawsuits

In the explosion of litigation cases today,the parties to save the litigation time,money costs and the need to seek a peaceful settlement of the case for the emergence and development of the withdrawal and reconciliation agreement provides a possibility.Dropped the same sort of settlement,the settlement agreement to dispose of the real rights and obligations on the parties at the same time,also agreed to withdraw the procedural rights,the withdrawal of the suit will normally as a condition of the deal with each other,it embodies the parties a entity rights and litigation rights exchange thinking,worthy of attention.However in the existing legislation does not withdraw the relevant provisions of the settlement agreement,on the civil procedure law regulations on settlement of litigation is only a principle,the rule of decision for settlement in the practical application of unable to play its positive role,academic circles from the perspective of functional framework and more litigation settlement agreement,overall discussion and research on existing in the practice of case settlement problem did not give enough attention.This paper takes the withdrawal and reconciliation agreement as the main content,studies the legality of the withdrawal and reconciliation agreement on the basis of clarifying the concept of withdrawal and reconciliation agreement,and takes this as the premise to standardize the essential rules of the withdrawal and reconciliation agreement,discusses its effectiveness,and puts forward the institutional safeguard measures that can guarantee its function.In addition to the introduction,this paper is divided into five parts.The first part is the definition of the withdrawal and reconciliation agreement in the civil procedure law.Withdrawal and settlement agreement refers to the agreement reached by both parties to withdraw the lawsuit as one of the conditions outside the lawsuit and make compromise and concession for the purpose of dispute settlement,aiming at the dispute over rights.On the basis of the concept of claims,this paper discusses the nature of the settlement agreement for withdrawal of prosecution,and clarifies its characteristics by comparing it with similar systems such as settlement agreement and civil mediation statement in civil law.The second part is the legality of the settlement agreement in the civil procedure.Settlement agreement contains the parties for the dropped the provisions of the right to dispose the program,to agreement or contract way,including the withdrawal of the suit,if handled the procedural rights of legitimacy is still controversial,this paper argues that dropped the settlement agreement is legal,its legitimacy foundation based on mining,and limited to legitimacy.The third part is the essential rules of the withdrawal and settlement agreement in civil procedure.Through the investigation of the settlement agreement of withdrawal and prosecution in practice,the essential documents of substantive law and procedural law should be included in the agreement.The fourth part is the effect of the settlement agreement in civil procedure.This paper regards the settlement agreement of withdrawal and prosecution as a dual contract,so the agreement has both substantive and procedural legal effects.To be specific,the effectiveness of substantive law is mainly the determination of the effectiveness of substantive law.The effectiveness of procedural law mainly refers to the elimination of litigation and the limitation of re-litigation.The fifth part is the system guarantee of the settlement agreement of withdrawing lawsuit in civil procedure.The effective path of the withdrawal and settlement agreement shall be determined,and the judge shall be required to explain the consequences of the withdrawal and settlement agreement.The dishonest person shall be prohibited from improperly profiting from the violation of the withdrawal and settlement agreement,and the case acceptance fee may be reduced for the case concluded with the withdrawal and settlement agreement.