The Research On Relief To Intention Flaws In Settlement Of Action

The revision of "Civil Procedure Law of People’s Republic of China"(hereinafter referred to as the "Civil Procedure Law") in 2012 highlights several major changes mainly reflected in: increasing the principle of good faith, Regulation of malicious litigation and the third person revocation proceedings to relieve rights and interests of the third party, which to some extent also reflects China’s current "Civil Procedure Law" pay more attention to regulation and relief of subjective flaws in the behavior of the parties to the proceedings.The relief to intention flaws in settlement of action belongs to the scope of the regulation and relief to and subjective intention flaws of litigants’ acts, and the study of the issue is in line with the trend of China’s Civil Procedure Law reform and development.China’s current court mediation inquisitorial color is too heavy.Building and ameliorating the party-led litigation settlement system, can provide a viable idea and path to overcome our current court mediation drawbacks. The relief to intention flaws in settlement of action is the issue which is bound to face when settlement of litigation develops to a certain stage,and in the the process of building and ameliorating litigation settlement system it is bound to solve the problem. Meanwhile, to explore the issue of remedies for litigation settlement intention defects can promote China’s development and improvement of the settlement of litigation.The full text totaling up to more than 30,000 words,and it is divided into four parts:The first part introduces the basic theory.of intention flaws in litigation settlement. This part describes the basic theory from the definition in our context and manifestations of intention flaws in litigation settlement.The second part describes legal analysis of the necessity of the relief to intention flaws in settlement of action. This part analyses the necessity of the relief to intention flaws in settlement of action from the four different aspects and perspectives in the following :the nature of the settlement of litigation, the balance of the proceeding stability and substantive justice, good faith in the field of civil action, the relationship between disposition and jurisdiction,thus demonstrates the legitimacy of the relief to intention flaws in settlement of action.The third part elaborates the extraterritorial practice about the relief to intention flaws in action settlement, and provides a theoretical and practical experience for our country to build the relief system of intention flaws in litigation settlement in line with actual situations. By means of comparative study on the relief to intention flaws in action settlement in Germany, Japan and Taiwan of China, this part finds out the lessons and issues which should be noted when our country builds the relief system of intention flaws in litigation settlement.The fourth part is the continuation of the logical system of the three parts’ writing in the above, and it mainly explores improvement path of the relief to intention flaws in action settlement from in the following aspects:building and ameliorating our country’s action settlement system, strengthening the principle of good faith in the civil action regulation of the parties, improving the legal regulation of malicious prosecution, etc.