第八章 调 解
"Article 85 In the trial of civil cases, the people's court shall distinguish between right and wrong on the basis of the facts being clear and conduct conciliation between the parties on a voluntary basis."
"Article 86 When a people's court conducts conciliation, a single judge or a collegial panel may preside over it. Conciliation shall be conducted on the spot as much as possible."
"When a people's court conducts conciliation, it may employ simplified methods to notify the parties concerned and the witnesses to appear in court."
"Article 87 When a people's court conducts conciliation, it may invite the units or individuals concerned to come to its assistance."
The units or individuals invited shall assist the people's court in conciliation.
Article 88 A settlement agreement reached between the two parties through conciliation must be of their own free will and without compulsion.
"Article 89 When a settlement agreement through conciliation is reached, the people's court shall draw up a conciliation statement. "
"The conciliation statement shall clearly set forth3 the claims, the facts of the case, and the result of the conciliation."
"The conciliation statement shall be signed by the judge and the court clerk, sealed by the people's court, and served on both parties."
"Once it is receipted by the two parties concerned, the conciliation statement shall become legally effective."
Article 90 The people's court need not draw up a conciliation statement for the following cases when a settlement agreement is reached through conciliation:
(1) divorce cases in which both parties have become reconciled after conciliation;
(2) cases in which adoptive relationship has been maintained through conciliation;
(3) cases in which the claims can be immediately satisfied;
and (4) other cases that do not require a conciliation statement.
"Any settlement agreement that needs no conciliation statement shall be entered into the written record and shall become legally effective after being signed or sealed by both parties concerned, by the judge and by the court clerk."
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