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The Perfection Of The Reconciliation System In Civil Litigation In China

Posted on:2022-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:J H LuoFull Text:PDF
GTID:2556306350969579Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of economy and society,interpersonal communication has become more convenient and frequent.In the fast and convenient interpersonal communication,the contradictions between people will continue to increase.In China,the idea of peace is deeply rooted.Everyone is willing to settle disputes quickly and peacefully,eliminate contradictions and safeguard the interests of both sides through consultation.This kind of dispute settlement is based on the equal consultation between the two sides,fully respects the equal will of the two sides,and is conducive to the thorough settlement of the contradiction.As a convenient way to solve problems,the current legal provisions in China are abstract and macro.Article 50 of China’s civil procedure law has made provisions on litigation reconciliation,but it is principled,there is no specific operational legal provisions,more abstract.As a system which is in line with the development of the times and can quickly and effectively solve civil disputes based on the agreement,understanding and concession of both parties,it is necessary to improve the relevant legislation to ensure the effective implementation of this system in China.This paper aims to analyze the current situation of the operation of civil reconciliation in China and the necessity,feasibility and superiority of its improvement through a systematic study of the civil reconciliation system.Combined with the legal provisions of foreign countries and the specific national conditions of our country,this paper puts forward specific measures to improve the civil reconciliation system,so as to give full play to the function of the civil reconciliation system and provide a basis for diversification The mechanism of dispute resolution can save judicial cost and improve judicial efficiency.This paper mainly includes four parts.The first part mainly expounds the connotation of the civil litigation reconciliation system,and analyzes the related systems of the civil litigation reconciliation,so as to lay the foundation for the following discussion.The second part mainly introduces the specific practice of the civil action reconciliation system in China,analyzes the reasons for the difficulties in the development of the civil action reconciliation system in China through examples,and points out the difficulties faced by the civil action reconciliation system in China.The third part mainly introduces the reconciliation system of civil litigation in foreign countries,and analyzes the advantages and disadvantages of the reconciliation system of civil litigation in foreign countries.The last part puts forward some immature suggestions on the basis of referring to the corresponding national system in view of the current situation of China’s civil litigation system,in order to make a modest contribution to the improvement of China’s civil litigation system。...
Keywords/Search Tags:Civil settlement, court mediation, Judicial reform
PDF Full Text Request
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