論我國和解協(xié)議的效力重構(gòu).pdf

1、 1Abstract As the number of dispute is increasing and becoming more complicated, the existing dispute-settle mechanism failed in Certain degree .what’s more, the system of dispute resolution which is attached to the unit

2、\identity or administration such as administrative order and people's mediation are serious deterioration or atrophy, The lawsuit which has been given great expectations is also helplessness in the face of the Curren

3、t litigation explosion. In this context, The theory circle and practice circle in China are both began to thoroughly analyzed current dispute settlement mechanism and explore the multiplex dispute settlement mechanism,Tr

4、ying to strengthen the entirety and interactivety of all sorts of dispute resolution mechanism,so as to give full play to the distinct advantages of all kinds of dispute solution. Reconciliation is Urgently needs to refo

5、rm in the context of Constructing the multiplex dispute resolution mechanism. In recent years, Reconciliation has been widely applied in judicial practice and played an important function of reducing litigation, it also

6、has been highlighted an extremely important ways to resolve the disputes, howere, the functions of the Reconciliation has not fully and effectively played, owing to the settlement agreement of the law is not clear and pe

7、rfect. Hence, this paper is mainly explore how to reconstruct the effectiveness of reconciliation, so as to more fully play it’s role of dispute resultion. This body is divided into five sections ： The first part is the

8、basis theory. In this part,I mainly define related concepts of reconciliation. Based on which, I think the nature of China’sreconciliation is the reconciliation outside of litigation. The second part is the reflection in

9、 the effectiveness of settlement agreement. Mainly analyze the drawbacks of the settlement agreement effect in China and the necessity for the reconstruction of the settlement agreement effectiveness, based on the introd

10、uction of foreign effectiveness of reconciliation agreement and the analysis of all sorts of reconciliation agreement. The third part mainly talk about the principles and the targets on how to Reconstruct the effectivene