建立我国诉讼和解制度的构想

The Concept of Establishing the Settlement of Action of Our Country

诉讼和解是诉讼内合意解决纠纷制度的重要内容,在我国诉讼和解是建立而非完善的问题。建立我国诉讼和解制度应在理论上明确诉讼和解的性质,在立法中明确诉讼和解的根据、构成要件、效力及其形式、瑕疵范围和救济方式、适用的期间,同时结合我国民事审前准备程序的改革,建立专门的审前和解程序,以更好地实现诉讼和解制度的机能。

Though it is a very important content of the system of dispute resolution by accord,settlement of action does not exit in our civil procedure law. Establishing the system of settlement of action means to clarify the character of it in theory,define the conception,the composition, the effect and its form,the area of the flaw and the ways for remedy and the period of the application of it in law, while combined by the reform of the pretrial procedure, establishing a special procedure of settlement is in order to realize the function of the settlement of action.