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自 行 和 解 , 执 行 和 解

English translation: compromise and settlement

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Chinese term or phrase:和解
English translation:compromise and settlement
Entered by: PML
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20:20 Mar 19, 2002
Chinese to English translations [PRO]
Law/Patents
Chinese term or phrase: 自 行 和 解 , 执 行 和 解
有 权 代 为 法 庭 调 解 、 自 行 和 解 ( 包 括 执 行 和 解 ) 、申 请 撤 诉
PML
Local time: 20:06
compromise and settlement; settlement; voluntary settlement; enforcement of settlement agreement
Explanation:
First, about "nolle prosequi" (Latin term for "will no further prosecute") is a term commonly used in criminal law to denote that the prosecuting attorney will no longer prosecute the case or will withdraw his charges in a criminal proceeding. In a civil proceeding, the plaintiff files a "motion to withdraw" his complaint or pleading, or the records already in the court. In most cases, the plaintiff, instead of filing anything, simply "fails to appear" before the judge,and the case will then be dismissed by the court.

Second, about the term "compromise and settlement" or more commonly "settlement" for 和解, Black's Law Dictionary defines it to mean "an agreement arrived at, either in court or out of court, for settling a dispute...." The Chinese term 自行和解 means actually "settlement arrvied at out of court between the parties voluntarily and willingly, although the court may play the role as a mediator under Chapter 8 of the Civil Procedure Law. If you feel you have to translate the expression 自行, perhaps you can say "voluntary compromise and settlement."
Selected response from:

Raymond Chu
Taiwan
Local time: 02:06
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1compromise and settlement; settlement; voluntary settlement; enforcement of settlement agreementRaymond Chu
4自 行 和 解 = reconciliation by the involved parties
Kevin Yang


Discussion entries: 2





  

Answers


57 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
自 行 和 解 = reconciliation by the involved parties


Explanation:
PML,

I am not so sure about these two. You had better wait and see what our lawyer friend Raymond Chu would translate them.

My best translation would be the following, but I am not very certain:

自 行 和 解 = reconciliation by the involved parties
执 行 和 解 = reconciliation by court recomendation

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Note added at 2002-03-20 06:53:37 (GMT)
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申 请 撤 诉 = motion to withdraw a charge or \"motion to drop a lawsuit\"

Kevin Yang
Local time: 11:06
Native speaker of: Native in ChineseChinese
PRO pts in pair: 343
Login to enter a peer comment (or grade)

11 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
compromise and settlement; settlement; voluntary settlement; enforcement of settlement agreement


Explanation:
First, about "nolle prosequi" (Latin term for "will no further prosecute") is a term commonly used in criminal law to denote that the prosecuting attorney will no longer prosecute the case or will withdraw his charges in a criminal proceeding. In a civil proceeding, the plaintiff files a "motion to withdraw" his complaint or pleading, or the records already in the court. In most cases, the plaintiff, instead of filing anything, simply "fails to appear" before the judge,and the case will then be dismissed by the court.

Second, about the term "compromise and settlement" or more commonly "settlement" for 和解, Black's Law Dictionary defines it to mean "an agreement arrived at, either in court or out of court, for settling a dispute...." The Chinese term 自行和解 means actually "settlement arrvied at out of court between the parties voluntarily and willingly, although the court may play the role as a mediator under Chapter 8 of the Civil Procedure Law. If you feel you have to translate the expression 自行, perhaps you can say "voluntary compromise and settlement."

Raymond Chu
Taiwan
Local time: 02:06
PRO pts in pair: 161

Peer comments on this answer (and responses from the answerer)
agree  xxxLiebling
39 mins
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