2019, Vol., No.25

Journal of International Business Transactions Law 2023 KCI Impact Factor : 0.31

pISSN : 2982-5903 / eISSN : 2982-5946
https://journal.kci.go.kr/IBT

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.

The predicament of network governance caused by “network-related disputes” brought about by the development and prosperity of the Internet has prompted Internet courts to be first to build in China. The exploration of Internet courts has gone through two stages and formed useful experience. However, neither of these two stages of exploration has clearly defined the basic positioning, construction methods and peripheral boundaries of Internet courts, which makes the exploration of Internet courts in China seem scattered and blind. In the future, the construction of Internet courts in China should face up to the above problems, clarify the exclusive jurisdiction of Internet courts over “internet-related disputes”, and sort out the unique functions and positioning of Internet courts. Furthermore, we should adhere to the Internet thinking in the construction of Internet courts, break the shackles of traditional judicial concepts with Internet thinking, and guide the construction of Internet courts. In addition, we should also pay attention to the boundaries of the Internet court system and use the judicial publicity mechanism to confront the court's powers in the Internet courts, so as to guarantee the restraint of litigantism on the Internet courts.

Market is one of the means to allocate social resources, and the economic form formed by allocating social resources by means of markets is market economy. The ownership nature of social resources is divided into public ownership and private ownership, and the ownership nature of resources allocated by markets determines the economic system. The economic form formed by the allocation of public ownership resources by markets is the socialist market economy. The market economy and the rule of law are the two cornerstones of modern civilization. The rule of law embodies the development direction of human social progress and is also an important manifestation and important carrier of the objective laws of human political development, economic development and social development. The development of Chinese socialist market economy is in its infancy, so a complete law is needed as a guarantee. The success of the socialist market economy with Chinese characteristics in theory and practice has largely benefited from the positive role of the rule of law in economic construction and the internal unity of the socialist market economy theory and the rule of law. A good rule of law environment will provide strong support for the healthy and orderly development of the economy, and the realization of the rule of law cannot be separated from its cornerstone - the full play of the legal system.