民事诉讼和解的瑕疵及其救济

根据英美法等国家的理念,诉讼和解为私法行为,达成的和解协议亦为私法上的契约.因此,在英美法系国家,如果诉讼和解具有瑕疵,只能援用撤销合同的理由进行.在大陆法系国家和地区,诉讼和解兼具私法行为与诉讼行为的性质.如果诉讼和解具有瑕疵,存有提起再审、继续审判、提起新诉和提起执行异议之诉四种方法寻求救济.

On the Defective Reason and Remedy of Settlement of Civil Litigation

According to conception of Anglo-American laws,the settlement of action is the conduct of private law,so the agreement of the settlement is the agreement of private law.Therefore,in the Anglo-American law country,the cause of cancellation of conduct only is cited if the settlement of action have flaw.In Romano-Germanic family country,there are two characters in settlement of action which have procedural and subjective.There are four methods including retrial,continual trial,new action and action of oppositi...