Simplified Agreement Procedure In Dispute Resolution

As a part of issue resolution process,the core of the simplified agreement procedure is to further exclude the duplicate or unnecessary points by the parties on the basis of the dispute points arrangement,and at the same time to further seek consensus on the points.It can maximize the enthusiasm of the parties,make the point of competition fixed and binding.Simplifying the agreement procedure in the arrangement of disputes basically involves the core values of the principle of autonomy of private law in substantive law,adversary doctrine and principle of disposition in the litigation.The parties actively participate in the process of arranging disputes based on their status as the main body of the program,and reach a simplification agreement that is binding on the results of the disputes.In 2012 "Civil Procedure Law of the People’s Republic of China" and the "Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China" in 2015 stipulate the issue settlement and strive to achieve a centralized trial of the case.However,in practice,the dispute resolution process has the problems that the parties have not played a substantial role in the dispute resolution,the lack of awareness and ability of the dispute induction,and the dispute resolution results cannot effectively restrain the judge and the parties.The simplified agreement procedure,which is the essence and the soul of the dispute,can alleviate the practical dilemma caused by the above problems.Therefore,based on the contention of disputes,this paper discusses the issues related to the simplification of the agreement of disputes,in order to construct the operation mode of the simplification of the agreement,and help to resolve disputes,and to achieve centralized examination.The article is about 40,000 words and is divided into four parts.The first part is the theoretical basis for the simplification of the agreement procedure.This section focuses on the basic concepts of the dispute simplification agreement procedure and the related content of the issue simplification agreement reached after the program is run.Considering that the issue simplification agreement is reached in formulation of the issue,it is an important achievement in the practice of sorting out the disputes.This part introduces the relationship between the formulation of the issue and agreement of formulating and simplifying the issue,and leads the parties to simplify the agreement in the dispute.The agreement that can be agreed upon in the operation of the program must be within the scope of doctrine of adversary system and doctrine of disposition.The issue simplification agreement procedure has the function of promoting the centralization of trials,preventing surprise referees,and increasing the probability of a satisfactory solution.The second part is the analysis of the status quo of the issue settlement process in China.The disputes are organized to simplify the issue,and the localization of the issue simplification agreement also needs to rely on the status quo of China’s disputes.This part gives a brief introduction to the current legislative situation and judicial status of China’s current disputes.At present,China’s legislation have taken shape.There are also the lack of the ability and willingness of the main body to sum up points,and the weak binding and changeable result of the collation of points.However,the judges at the forefront of judicial trials in China have not stopped exploring the disputes.In practice,some judges preside over the parties to fully negotiate,reach the dispute agreement and conduct the case on the basis of the dispute agreement.It can be seen that there is room for applicability in China.The third part is the comparison of issue settlement and simplification agreement procedures.The construction of the simplified agreement program not only requires system design,but also needs to compare its operation mode.The reform of civil procedures in various countries or regions aims at achieving centralized trials,and the disputes are organized in order to achieve the aim.This part mainly introduces the relevant status quo of disputes and disputes in Germany,Japan and Taiwan,and provides guidance and institutional reference for the construction of simplified agreement procedures in China’s disputes.The fourth part is the localization of the simplified agreement procedure.On the basis of demonstrating the necessity and feasibility of simplifying the agreement procedure,and combining the current status of the operation of the dispute arrangement in the judicial practice of our country,this part proposes that the parties should be the subject of the agreement and the judge’s assistant under the guidance of the trial judge should be operated body,and practiced in the pre-trial meeting to organize disputes and simplify the agreement process.In the scope of doctrine of adversary system and doctrine of disposition,the parties can reach a simplification agreement.If the parties reach a dispute and simplify the agreement in the simplified agreement procedure,no party may change the content of the agreement without authorization.The judge shall conduct litigation command within the scope of the dispute agreed by the parties,that is,the court and the parties shall be bound by the agreement.In the case of violation of the dispute simplification agreement,the judge shall make a comprehensive judgment based on whether the dispute simplification agreement is valid,the content of the agreement,and the scope of the binding force.In addition,the construction of the simplified agreement procedure in the dispute settlement is not a one-step process,and the cooperation of relevant systems is still needed.