Study On The System Of Reconciliation In Litigation

The system of reconciliation in litigation is very important in modern market economy. Although the court mediation procedure is stipulated in Chinese legislation in detail and is regarded as a kind of positive means of dispute settlement, the reconciliation system in litigation is to some extent neglected, and a reconciliation reached by parties is deemed only as a cause for withdrawal of lawsuit and is unenforceable. This situation leads to the malfunction of the system of reconciliation and the actual demand on multiple dispute settlement system is far from satisfied. It is very much necessary to conduct further study on the system of reconciliation in litigation in order for its perfection.This paper is divided into 5 parts besides the preface. The first part contains general discussion of the system of reconciliation in litigation, including its history and status quo. The second part focuses on the function and value of this system. In the third part, the author analyses the necessity of setting up the system of reconciliation in litigation, together with a comparison between the system of court mediation and reconciliation with the conclusion that both system are undisposable and irreplaceable. The fourth part is mainly a introduction of relevant legislation of China Taiwan. In the fifth part, the author puts forwards some suggestions on the perfection of the system of reconciliation in litigation in China.With the perfection of the system of reconciliation in litigation, the dispute settlement system in China will be multiple and more accessible for litigants. The system of reconciliation in litigation, because of its advantages, surely will become one of the most important legal measures for the realization of social harmony.