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民事诉讼中的和解是指在民事诉讼过程中,双方当事人自愿协商,取得谅解,达成协议,从而终结诉讼的活动。它与调解不同,调解是当事人双方在第三者主持下所进行的活动,和解作为民事诉讼中必不可少的一项制度,在各国民事诉讼法典中均有明确规定。而我国民事诉讼法(试行)仅在第46、51、181三条中涉及和解内容,将其作为当事人的一项诉讼权利加以表述。作为一项完整的诉讼制度来说,如此规定未免过于简单、抽象,难以适应诉讼实践的要求。为此,笔者提出以下几点建议,供修订民事诉讼法参考。
Settlement in civil litigation refers to the process of civil litigation, the parties voluntarily negotiate, get understanding, reach an agreement, thus ending the litigation activities. It is different from mediation. Mediation is an activity conducted by both parties under the auspices of a third party. As a system indispensable in civil lawsuits, reconciliation is clearly stipulated in the codes of civil procedure in various countries. However, the civil procedural law (trial) in our country involves the settlement of the content only in Articles 46, 51 and 181, and it is stated as a litigation right of the parties. As a complete litigation system, such a provision is too simplistic, abstract and difficult to meet the requirements of litigation practice. To this end, the author made the following suggestions for the revision of civil procedure law reference.