Improvement Of The System Of Litigation Reconciliation In Civil Procedure In China

As an alternative dispute resolution method in civil litigation,litigation reconciliation procedure plays an important role.It has the system value of economy,efficiency and freedom.This paper discusses its nature,function and procedure,analyses its situation in practice,finds out the existing problems and causes,and puts forward some suggestions to improve the procedure of litigation reconciliation.Therefore,this article will discuss from the following aspects:The system of litigation reconciliation has a profound theoretical basis.Starting with the concept,nature and value of the system of litigation reconciliation,this paper demonstrates its theory and points out that litigation reconciliation has the function of perfecting the mechanism of resolving agreeable disputes in our country,and it can better protect the right of disposition of the parties,which embodies the concept of litigation in modern society,and is also a need of perfecting and deepening the reform of our country's judicial mode.The practical exploration of the system of litigation reconciliation has laid a solid foundation for the reform and improvement of the relevant system.Through the study of the application of the system of litigation reconciliation,the author believes that China should establish a system of pre-trial preparation procedure and the lawyer's agency for reconciliation cases.The main reasons for the low utilization rate of litigation reconciliation in China are the imperfection of the legal system,the imperfection of the pre-trial preparation procedure,the incompleteness of the pre-trial evidence discovery system in China,and whether lawyers can represent reconciliation cases.There are no clear rules.Successful experience of litigation reconciliation abroad can provide useful reference for our country's litigation reconciliation system.This paper chooses the typical representative countries of common law system and continental law system to discuss the litigation reconciliation system,compares and analyses the historical background,development process,role of judges,content of pre-trial meeting,form of reconciliation and effectiveness of reconciliation in these countries,summarizes thedifferences and similarities among them,and concludes that China should draw lessons from the evidence of the United States.Preface,German Heart Syndrome Disclosure Procedure and other conclusions.The author believes that the excessive extrusion of court mediation should be reduced,and the dispute settlement function of litigation reconciliation should be strengthened.The countermeasures and suggestions to improve the system of litigation reconciliation in China should be put forward from the aspects of principle setting,nature and effectiveness,procedural form and defect relief.In view of the actual situation of the implementation of the litigation reconciliation system and combined with the advanced experience of foreign countries,this paper makes a program design to improve the litigation reconciliation system,from expanding the scope of application of litigation settlement,guaranteeing the authenticity of the parties' agreement,strengthening the effectiveness of the settlement agreement,and improving the defective relief of the settlement agreement,this paper puts forward specific suggestions for improving the litigation settlement.