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AN ANALYSIS OF THE CIVIL LITIGATION RECONCILIATION SYSTEM IN CHINESE LAW
BAO BINGFENG(包??),WANG YUE(王?) 동아대학교 법학연구소 2019 國際去來와 法 Vol.- No.25
The civil Litigation Reconciliation system, aiming at eliminating civil disputes, is a procedural action that both parties in face of judges make mutual concessions and compromise in order to terminate the lawsuit or part of it during proceedings. Now, under the background of the court’s trail pressure increased dramatically, how to find a dispute resolution which will be more effective than trial has become a big issue that is focused by judicial circles in different nations and regions. Establishing a civil Litigation Reconciliation system on the basis of parties’ consensus is favored by individuals, however, Civil Procedure Law legislated in 1991 only prescribed it fundamentally in Article 51: “Both sides of a civil action may reach a settlement themselves.” And then, although Civil Procedure Law experienced 3 times amendments in 2007, 2012 and 2017 respectively, there were not any involvements in settlement provision. Therefore, it’s necessary to design and improve Chinese civil Litigation Reconciliation system from the aspect of its methods, time, expense burden, forms and effects.
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On the Statement of the Parties in Chinese Civil Litigation
BAO BINGFENG(包??),MAO JIAJING(毛佳?) 동아대학교 법학연구소 2021 國際去來와 法 Vol.- No.33
The litigants play two roles in civil litigation, that is, litigation subject and evidence method. Correspondingly, the partys statement can be divided into the litigants statement of the subject of action and the partys statement of evidential significance. Because China has not distinguished the two kinds of Party statements for a long time, the evidential value of the parties statements has not been fully developed. In Chinas civil litigation, as an independent form of evidence, the function of the statement of the parties is dormant due to the contradiction of the relevant provisions in the legislation. Therefore, it is necessary to modify and improve the relevant provisions from the legislation to form a complete set of party statement system to fully activate its evidence function, so as to change the current situation of the marginalization of the partys statement in the civil evidence system, and get the application of judicial practice on the track of justification under the guidance of norms.
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