As a low-cost dispute settlement method, legal negotiation is gradually recognized and accepted by us. Therefore, it is necessary for us to think deeply about how to understand the localization of legal negotiation in China, the nature of legal negotiation and the negotiation agreement reached through legal negotiation.
Legal negotiation in European and American countries, it refers to the out-of-court benefit game implemented by lawyers and negotiation skills after comprehensive evaluation of various possible consequences through legal knowledge and litigation experience. When legal negotiations are translated and introduced into China, it is necessary for us to think seriously about them.
According to the general understanding, negotiation is an act and process for people to reach consensus through consultation in order to coordinate the interests of each other and meet their needs. Negotiation is an issue we cannot avoid. It exists in all aspects of our life and work. At present, one of the more professional negotiations is business negotiations. Legal negotiation is also one of the professional negotiations. The direct reason for negotiation is that the parties involved in the negotiation have their own needs, or an organization they represent has some needs, and the satisfaction of the needs of one party cannot ignore the needs of the other party. Therefore, the main purpose for both parties to participate in the negotiation should not only be based on the pursuit of their own needs, but also through the exchange of views for consultations, so as to jointly seek a solution to the problem acceptable to both parties.
In the United States and the United States, "legal negotiation" mainly involves the parties and their legal negotiation lawyers in legal negotiation. After a comprehensive evaluation of the possible consequences of court proceedings with legal knowledge and litigation experience, the parties can use lawyer skills and legal negotiation skills to achieve the settlement of disputes for negotiation purposes. The subject of legal negotiation is the person and his lawyer. When it was introduced to China, there was no authoritative definition of "legal negotiation", so the concept of "legal negotiation" was popular but vague in China. In our country, if there are negotiation lawyers participating in legal negotiation, but if there is no lawyer participating in legal negotiation, is the negotiation to solve the dispute of legal problem called legal negotiation? When a concept is introduced in countries with different systems, what it really means is often different, but when a concept or term, especially a social science term, is introduced, it is necessary to localize it, and legal negotiations are of course disproportionate. We cannot exactly copy the Anglo-American concept of "legal negotiation".
First, British and American countries are case law countries. The legal system of British and American countries and the legal system of mainland China belong to two different legal systems. The Anglo-American law system, also known as the common law system, has the tradition of precedents. Case law is its formal legal source, that is, the precedents of the superior court are binding on the lower court in the trial of similar cases. In the developed countries of Britain and the United States, there are a large number of cases, which the ordinary people cannot easily master, and they have to rely on professional lawyers for litigation and legal negotiation.
Second, the main defense system of British and American countries is confrontation system. On judicial system, in the judicial system design, the British and American countries the main defense system is the adversary system, also called "debate", which is using in