论文部分内容阅读
民事诉讼和解,是指在民事诉讼进行中,双方当事人在法官面前,就争议的事项进行自主协商,互相妥协或做出让步,以达成和解协议,从而解决纠纷、终结诉讼程序的一种行为。我国民事诉讼法对和解仅有两条简单的权利性规定,即第五十一条审判中的和解和第一百一十一条执行中的和解。民事诉讼和解制度在全世界范围内,都受到司法体制的欢迎,在司法实务界之中有着“瘦和解胜过胖诉讼”这样的说法。本文所言诉讼和解仅指审判中的和解以及部分执行过程中的和解。本文正是基于我国当前构建和谐司法环境的大背景,对这一问题,进行和谐诉讼氛围进行探讨。
Settlement of civil litigation refers to the act of settling disputes and ending the proceedings in the process of civil litigation, in which both parties, before a judge, conduct independent consultations on matters in dispute, compromise each other or make concessions in order to reach a settlement agreement. There are only two simple rights provisions for reconciliation in China’s civil procedure law, namely, the settlement in the 51st trial and the reconciliation in the implementation of the 111st. The civil lawsuit reconciliation system is well received by the judicial system all over the world, and there is a saying in the field of judicial practice that “the law of thin reconciliation wins over obesity.” The litigation settlement referred to in this article only refers to the reconciliation in the trial and the reconciliation in the partial execution. This article is based on the current background of our country to build a harmonious judicial environment, on this issue, to conduct a harmonious litigation atmosphere.