On Court-conciliation

On Court-conciliationThere are six parts in the essay.First part is on the meaning of court-conciliation, which is given based on works as: 1.The history of court-conciliation in China; 2.Similar systems in some other countries and districts; 3.Main values of court-conciliation are liberty, efficiency, justice and order, whichs should be kept in a state of balance through proper ways; 4.Main functions of court-conciliation are dispute-settling, saving of judicial resources, and coordinating the interrelations between peoples. Finally, to the author's mind, court-conciliation contains all kinds of conciliation activities held, conducted and controlled by counts.The second part is on natures of in-litigation and out-litigation court-conciliation, the former is non-litigation activity; the latter is the combination of civil action and procedural action.The third part is on principles of court-conciliation. Court-conciliation ought to be a system but not a principle in civil procedure. Court-conciliation ought to follow some principles: litigants ought to have voluntary and free will, conciliations ought to be not open, and agreements ought to accord with public interests. During conciliations, the court didn't have to make all the facts clear, nor have to recognize which party should take the liability. Meanwhile, the court doesn't have to follow the law strictly.The fourth is on the structure of court-conciliation. In conciliations, the litigants, conciliators and others ought to act on the base of consensus-reaching mechanism. The conciliation should make all parties concerned in the interaction.The fifth part is on relationships and other dispute-settling ways. Litigants ought to be given rights to choose procedures. And this right should be kept as a base which to keep different dispute-settling ways into balance. Court-conciliation and judicial procedure ought to be separated. The relationship between court-conciliation and people-conciliation ought to be strengthened through establishing the mechanism of out-litigation court-conciliation.The sixth part is on reforms of court-conciliation in China. First of all, the author analysis the necessity of reforms. Secondly, I put forward my suggestions: Court-conciliation contains out-litigation court-conciliation and in-litigation court-conciliation (reconciliation in litigation). As far as out-litigation court-conciliation, we should set up judicial ADR system in China, and out-litigation court-conciliation belongs to it. As far as reconciliation-in-litigation, the reform should be on the base of 'contract-in-litigation theory'.