Legal Effects Of Civil Mediation Awards

This article mainly studies three issues,including the source of the effectiveness of the civil mediation awards,the specific content of the civil mediation awards after it takes effect,and the specific disputes concerning the validity of the mediation awards involved in judicial practice.Although the validity of the court's civil mediation awards is not a hot topic in the research of civil litigation theory,it is a problem that has both theoretical and practical significance,and is often encountered in civil judicial practice,but has not been properly resolved.The court civil mediation awards is the product of the unique system of court mediation in China.First of all,court mediation,as a general procedure for courts to close cases,becomes the source of legal validity of court civil mediation by restoring the status and participation of the court and the parties in this process,as well as the impact on the court civil mediation.Secondly,by comparing the court's civil mediation awards with legal documents that have similar effects in Anglo-American law and Civil law,the particularity of the legal effect of the court's civil mediation awards can be clarified.In addition,according to the procedural basis formed by the court's civil mediation awards,the substantive law and procedural law form the basis of the court's civil mediation awards.On the one hand,the court's civil mediation awards is a manifestation of the parties' autonomy.On the other hand,the court presides over mediation to review and confirm the parties' agreement.The civil mediation awards therefore has the nature of a contract at the level of substantive law,and at the level of procedural law,it also has the effect of public law due to the intervention of public power.The effectiveness of the court's civil mediation awards is a certain period of time from its creation to loss.It is meaningful to discuss the legal effect of the mediation awards only during this period.The court's civil mediation awards must have three conditions to come into force.Including reaching a mediation agreement,completeness of the mediation letter,and signature,seal,and effective delivery.The court's civil mediationawards can be revoked through the retrial system,thereby causing the legal effect of the mediation awards to be eliminated.The law clearly stipulates the subject of the retrial of the civil mediation awards of the effective court and the reasons for the retrial of the civil mediation awards of the effective court.In addition,there is a certain legal basis for these reasons that can cause the court's civil mediation awards to become invalid.On top of this,the effective civil mediation awards of the court should have formal validity.The so-called formal validity of the court's civil mediation awards refers to the effect generated according to the appearance of mediation awards,that is,the effectiveness of the court's civil mediation awards that cannot be revoked or changed at will after it takes effect.As far as the formal validity of the court's civil mediation awards is concerned,it includes both binding force and formal certainty.Secondly,the substantive effect of the court's civil mediation awards is based on the content of the mediation awards.As far as the substantive effectiveness of the court's civil mediation awards is concerned,it includes three types of effectiveness,including res judicata,enforcement power and formation force.Based on this premise,different types of court civil mediation awards has various substantive effects.In addition,the effective civil mediation awards of the court also has effectiveness of substantial certainty.First of all,the court's civil mediation awards has the power of res judicata.Based on the nature of court mediation awards,the nature of judgment and the efficiency of civil litigation,it can be concluded that the court's civil mediation awards should have the negative effect of res judicata.From the perspective of procedural guarantees and the purpose of both judgments,it can be concluded that the court civil mediation awards should not have the positive effect of res judicata,and this is also determined by the court's civil mediation awards is the nature of the parties' agreement.In the scope of the court's civil mediation power,the time for the res judicata to generate shall be after the civil mediation awards takes into effect.Based on the theory of object of litigation,the objective scope of the res judicata should be limited to the main part of the civil mediation awards.The general principle ofdetermining the subjective scope of the court's civil mediation awards res judicata is only binding on both parties,but in special cases there may also be expansions to other related people.Secondly,the court's civil mediation awards also has two substantive effects,enforcement power and formation force.Only a court civil mediation awards that meets certain conditions can have enforcement power and formation force.The court's civil mediation awards has enforcement power and a clear basis can be found in the legal provisions,and its legitimacy basis for enforcement comes from the parties' willingness to accept such enforcement.According to the basic theory of formation force and the provisions of the civil entity law of China,the court civil mediation awards can have the forming force,which results in the determined court civil mediation awards having the effect of directly causing the change of property rights.Nonetheless,the enforcement power and formation force of the mediation awards is significantly different from the judgment.Furthermore,based on whether the facts of the dispute have already been debated to determine,the court's civil mediation awards have a pre-determined effect.Finally,there are relatively few legislation in China's court civil mediation awards validity system,insufficient theoretical research,and imperfect theoretical system.For this,we should improve the legislative and theoretical construction of the court's civil mediation awards validity system.Not only that,some specific issues concerning the effectiveness of the mediation awards have also appeared in judicial practice.The countermeasures include: the difference between the court's civil mediation awards and the mediation agreement should be distinguished,the legitimacy of the law to give the parties the right of repentance,and the recognition of the content in the civil mediation awards that exceeds the original claim has legal effect,etc.,so that the understanding of the effectiveness of the court's civil mediation awards in judicial practice is unified.