论和解合同的缺失与补正

Imperfection and Repair of Settlement Contract

我国民众深受传统文化中"和为贵"观念的影响,常通过和解解决民事纠纷。而和解合同作为一种传统合同,其旨在终止争执,化干戈为玉帛,我国付之阙如。为满足民众需要,彰显意思自治,衔接实体法与程序法,我国未来民法典应当将和解合同有名化。

People affected by the traditional culture often resolve civil dispute by settlement, as a result settlement is one way of resolving dispute. On the other hand, it is a contract. As a traditional contract, settlement contract in pursuit of terminate dispute is lack in our country＇ s law. In order to meet people＇ s needs, manifest their intents and connect the procedure law, settlement contract should be included in our civil law code in the future.