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我国民事诉讼法和解制度作为一种重要的定纷止争的诉讼手段,由于过于简陋,不能涵盖其应有的全部内容,因而在理论上认识比较混乱,在司法实践中也很难操作。本文从国内诉讼和解制度存在的弊端出发,提出了我国构建民事诉讼和解制度的初步设想。以期实现降低人民法院审理案件的压力,解决执行难的问题,维护双方当事人合法民事权益,实现社会的和谐发展。
As a kind of important litigation method, the system of settlement of civil procedure law in our country is too simple and can not cover all the contents that it should have. Therefore, it is quite confusing in theory and difficult to operate in judicial practice. This article from the drawbacks of domestic litigation reconciliation system, put forward the tentative plan of our country to construct the civil litigation reconciliation system. With a view to reducing the pressure on people’s courts to hear the case, solving the difficult implementation issue, safeguarding the legitimate civil rights and interests of both parties and realizing the harmonious development of society.