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 count~, 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 anti action of opposition to execution to go on if the settlement of action have flaw.