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On the Contracting of Civil Settlement of Action

Author: LiuYao
Tutor: XieTong
School: Beijing Forestry University
Course: Legal Theory
Keywords: The settlement of litigation On Contract Legislative proposals
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 66
Quote: 0
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Abstract


Derived from Roman law for the division of public and private law tradition, has been modern society is widely accepted, especially in civil law countries. Has been in the field of private law, the parties implement the principle of freedom of contract, by virtue of their own will to the conclusion of contracts, the disposition of the rights and obligations; continues in the field of public law, the principle of freedom. However, the second half of the 20th century, especially since the 1970s and 1980s, along with the tide of economic globalization, penetration blend modern society based on the rule of law public and private law between the gradual emergence of public law, private law (contract-based). Our usually use mediation or judgment for the settlement of civil litigation, mediation has become the most important mode of dispute resolution court led the Civil Procedure Law of the provisions for the settlement of litigation, non-existent. Not only the law is not its procedures, the nature of which shall be prescribed by the force of law, the practice is even more confused with the settlement of litigation and mediation processing. Due to be confused with China for the settlement of litigation in the absence of legislation and practice, so many drawbacks have been exposed, which leads the litigation settlement system should function difficult to fully play effective dispute resolution mechanism, can not meet the modern market economy under the conditions of diversified the actual need. Therefore, I believe that research should be action settlement system, the need for analysis of the action settlement system established in our country, and to make recommendations to promote the lawsuit settlement system perfect. The full text in addition to the epilogue is divided into five chapters. Chapter 1, put forward in this article will be to study the problem. Chapter 2, describes the overview of the civil litigation settlement agreement. The concept, which leads to the concept of contract, litigation, contract litigation settlement agreement. This section also describes the doctrine of scholars from various countries for the settlement of litigation nature through comparative analysis, I said that the two acts competing more desirable, and on this basis to expand the below content. Chapter 3, the common law, civil law legislative provisions for civil litigation settlement agreement, jurisprudence and doctrine introduced be introduced analysis. To provide a reference for the establishment and improvement of our litigation settlement agreement system. Chapter 4 Analysis of of Civil Procedure reconciliation contract model diagram of the type of by building civil disputes to resolve, step-by-step analysis, found that China's dispute resolution system for the settlement of litigation in the absence of mechanisms to seek settlement of litigation the needs of its reasons for the missing and the disadvantages caused, and on this basis of the need for action settlement deed. Chapter 5 of the settlement of litigation in our country to put forward legislative proposals. Constitute aspects of the elements of the force of law, and the Remediation expand the program from the settlement of litigation, a more comprehensive legislative idea.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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