On The System Of Civil Reconciliation

More and more presents the rise along with the civil dispute the tendency, but people's court's administration of justice which two comes along with it also more and more arduous, the dispute litigant as if all thought already will have the dispute and the dispute resorts to the court, will be able to obtain the perfect solution, this will cause people's court's duty will be more and more heavy, considered from another aspect, the lawsuit took one kind of dispute will solve the mechanism although to have its result the merit, but also will have the certain malpractice: First, from the solution dispute deadline in, the lawsuit appears too "long", between litigant's dispute is possible as a result of the lawsuit reason, enables the benefit not to be able to obtain the protection or the dispute for a long time cannot obtain the effective addressing for a long time, so-called "is late the justice non- is just"; second, from the solution dispute intensity in, the lawsuit appears too strongly, once makes becomes effective the decision, namely has already sentences the strength, the litigant eliminates has the legal situation not to have to be accommodating; third, the lawsuit cost is high, very many people all have cannot hit the lawsuit feeling; fourth, says from the social function, the litigant through the lawsuit solution dispute, at the court upper lip gun verbal battle, argued strongly based on reason, destroys between litigant's friendliness, after the dispute has solved, also formed the opposition unavoidably the atmosphere, did not favor the society harmonious and is stable; fifth, the lawsuit solution dispute, in our country said more is manifests the people's court the initiative participation function, is people's court judicial authority this kind of male right manifesting, in trial process, although presents evidence by the litigant, but the evidence examination and the judgment all carries on by the court, the final decision (to civil dispute processing) also makes by the court, this is one kind limits to litigant's free disposition right and deprives.But the lawsuit reconciliation system can overcome the normal lawsuit the malpractice. Because it has as follows a little: First, the deadline is short, excessively is not limited the procedure, so long as reaches the settlement agreement, may end; second, the intensity is weak, does not become effective like the lawsuit such tenth the decision, has the potency which cannot be abolished; third, the lawsuit reconciliation cost is low and convenient; fourth, the lawsuit reconciliation cannot destroy between litigant's...