Research on the System of Civil Lawsuit Reconciliation
|School||Jiangxi University of Finance|
|Keywords||Lawsuit Reconciliation Contracting Consensus|
Alternative Dispute Resolution system (ADR) has already become a trend all over the world.Along with the deepening of China’s reform and opening up, mechanism of resolving civil disputes being continuously adjusted as well. The perfection of Diversification Dispute resolution system not only for satisfying people’s need of diversification, but aslo for the harmony and stable development of the country.Researching and perfecting Lawsuit Reconciliations system of our country is the embodiment of following this trend under the background.During the process of resolving civil actions in our country,mediation and judgement are common used ways. Mediation has already become the most important lawsuit solution model directed by court.But the authority principle in China’s court mediation policy make the principle of free will and punishment hardly carry out during civil lawsuit, which affect the impression toward the court of both parties. In our current Civil Procedure Law of the People’s Republic of China,only have article51’The two parties may reach a settle ment agreement on their own’to prescribe about lawsuit reconciliation,which do not have independent system characteristic and make our reconciliation system difficult to play its inherent function.Therefore, to explore a suitable lawsuit reconciliation system have become one important and critical task in our country’s reform of civil lawsuit.Except the introduction and conclusion, the paper is constituted by four partsChapter One is the Jurisprudence analysis of Lawsuit Reconciliation system. Compare and analysis the concept and character of lawsuit reconciliation between domestic and foreign scholars, then fix on the concept and character which suit the situation of our country.Through the position of concept and character, to analyze the function of lawsuit reconciliation then discuss the necessary part of it. And outspread the following article on this base.Chapter two compare and analyze the Lawsuit Reconciliation system between continental law system and Anglo-American law system,use for reference for rebuilding our country’s:Lawsuit Reconciliation system.Chapter three alalyze the civil lawsuit reconciliation system of our country. Through build the metamodel for process of solute civil conflict to find the defect exist in our current civil lawsuit system,then suggest to rebuild the lawsuit reconciliation system of our country to perfect the judicial system of resolving civil disputes and provide a angle of view toward the necessary of rebuild lawsuit reconciliation system in following article.Chapter four analyze and discuss how to rebuild civil lawsuit reconciliation system of our country. Through analyze the necessary of rebuild civil lawsuit reconciliation system to get the result that build dualistic resolving civil disputes system is the inevitable trend.And then bring forward the detail conceive about civil lawsuit reconciliation system.