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The difference between judgment and conciliation statement
The civil conciliation statement shall have legal effect after being signed by both parties; However, the civil judgment of first instance only takes legal effect after the appeal period, and the parties do not appeal. 2. Different application conditions.
Civil conciliation statement is a legal document applicable to the people's court to mediate according to law and encourage the parties to reach an agreement voluntarily and legally to resolve disputes. A civil judgment is a legal document applicable to the people's court when it hears a case and makes a judgment according to law. Article 96 of the Civil Procedure Law
Mediation agreement
An agreement reached through mediation must be voluntary by both parties and cannot be forced. The contents of the mediation agreement shall not violate the law.
Article 97 conciliation statement
If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation. Trial mediation
Signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties. The conciliation statement has legal effect after being signed by both parties.
Article 155 Effective judgment
The Supreme People's Court's judgments and orders, as well as those that cannot be appealed according to law or fail to appeal within the time limit, are legally effective judgments and orders.
legal ground
Article 1079 of the Civil Code
If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
skill
The above answer is only for the current information combined with my understanding of the law, please refer carefully!
If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.
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