On The Contracting Of Civil Settlement Of Action

The division of public and private law from the Roman tradition has been widely accepted in modern society, particularly in civil law system countries. All the time, freedom of contract has been implemented, disposing of rights and obligations by their own contact; in the field of public law, the principle has been extended not free. However, with economic globalization, since the second half of the 20th century, especially after the 1970s and 1980s, the public law and private law interpenetrated in the modern rule, law of private law (contracting) gradually appear.We often use the mediation or adjudication to resolve civil, mediation has become the most important court-led dispute resolution, the provisions in "civil procedure law of the people's republic Of china" for the settlement of action are useless. Law does not set its procedures, the nature, composition and legal force. In practice, it is confusing to deal with the settlement of action and mediation. Because of lack of legislation for the settlement of action and the confusion in practice, many drawbacks have been exposed, resulting in settlement of action system due function could not fully exerted. In this way, the settlement of action can not adapt to the modern market economy, diversification of dispute resolution mechanism under the actual needs. Therefore, I believe it is necessary to study the system of settlement of action, the existence of the need for action settlement system, and some suggestions in order to promote the improvement of action settlement system.In addition to the conclusion, the paper was divided into 5 chapters.Chapter 1, to raise the mainly issue of this paper.Chapter 2, introduces an overview of settlement of action. Through the concepts of contract, civil litigation contract, and then leads to the concept of settlement of action. This section also describes the doctrine of scholars from various countries about the nature of the settlement of action. The author compared and found that the two behaviors doctrine was preferable, and expanding the following content on this basis.Chapter 3, introducing and analyzing the legislation jurisprudence and the theoretic of settlement of action under Common Law and Civil Law. This will provide a reference basis to establishment and improvement the settlement of action system for our country.Chapter 4, analyzing our settlement of action, by constructing the model diagram of civil dispute resolution types. To find that the settlement of action in the system of dispute resolution is absence, and what we need, the reasons of missing and the disadvantages, researching into the necessity of settlement of action contacting in our country on the basis.Chapter 5, offer a proposal on the settlement of action. Specifically, the settlement of action procedures, components, and the legal effect of these aspects of relief defects.