Study On The Effectiveness Of Settlement Agreement In Civil Procedure In China

As a consensual dispute resolution method,the litigation settlement system plays an important role in civil litigation.In my country,the litigation settlement agreement fails to play its due effect in practice,mainly due to two reasons: First,the litigation settlement agreement is unclear in nature,so the judge can only determine that it has the effect of an ordinary civil contract,and according to the litigation settlement agreement Second,although the parties have reached a litigation settlement agreement,they violate the principle of good faith and breach the principle of good faith because they have no legal effect.So far,the litigation settlement agreement has not only failed to resolve the dispute,but has instead created new disputes.This paper takes the effectiveness of litigation settlement agreements as the research object.First,select the relevant cases of the litigation settlement agreement,and put forward the validity of the litigation settlement agreement based on the analysis of the cases.Secondly,by introducing the basic theory of litigation settlement agreement,analyzing the concept of litigation settlement,distinguishing the difference between the litigation settlement system and the adjacent system,according to the four mainstream theories arguing about the nature of the litigation settlement agreement,it is determined that the litigation settlement agreement has dual attributes,and correspondingly It has the dual effect of substantive law and procedural law.The effect of its substantive law is to determine the effect,that is,to determine the content of the legal relationship of the dispute from the substance,so as to eliminate its ambiguity;the effect of its procedural law is to end the litigation process,and the litigation settlement agreement with the content of payment can be enforced.in accordance with.Thirdly,based on the theoretical basis,and based on the current legislative status of litigation settlement agreements in my country,it is concluded that the problems existing in the validity of litigation settlement agreements in my country are embodied in the difficulty of determining the validity,the unclear validity,and the lack of guarantees and remedies for the validity.Finally,to solve the problem of "reconciliation but not reconciliation",we should focus on building the effectiveness of the litigation settlement agreement.The construction of effectiveness is divided into clear effectiveness,effectiveness guarantee and effectiveness relief.Clear validity refers to clarifying its dual nature and dual effect in legislation,that is,the substantive law stipulates the settlement contract and its validity,and the procedural law stipulates the nature of litigation settlement and the effect of terminating litigation;validity guarantee is to improve the relevant provisions and Relevant procedures are set up to ensure the conclusion of the litigation settlement agreement and the stability of its validity;the effectiveness relief is aimed at the defects of the validity of the litigation settlement agreement.Based on the dual nature of the litigation settlement agreement,the parties should be given a variety of remedies to choose from.