A Study On The Judicial Confirmation Of People 's Mediation Agreement In China

The judicial confirmation process of the settlement agreement is concluded from the practice of new type of docking mechanism of litigation and mediation, it is not only beneficial to the perfection of multiple dispute resolution mechanism in China, as well as the people’s mediation system of our country has injected new vitality. Judicial confirmation system break through the bottleneck of lack of legal force in the past people’s mediation agreement, implements the mediation system and the effective connection of litigation mechanism, promote the function of the people’s mediation system, give full play of earnestly. Based on the perspective of theory combining with practice, this paper in the effectiveness of the people’s mediation agreement is introduced and the system of judicial confirmation of historical evolution, from theory and practice on the basis of the importance of judicial confirmation system are analyzed; In detail after confirmed that the content of the program is running and the status quo, aiming at the problems in the real world to think and to put forward a perfect suggestion.In this paper, besides introduction and conclusion, is divided into four parts. The first part through the introduction of the people’s mediation agreement effectiveness and judicial confirmation system historical evolution, combing our country judicial confirmation system background and the current legal basis.The second part mainly discusses the theory and practice basis for constructing the system of judicial confirmation, theoretical basis can be divided into procedure option theory, efficiency theory and the theory of diversified dispute settlement mechanism three aspects; Practice on the basis of part from play a role of people’s mediation, quickly realize the perfection of the parties rights and beneficial v. docking mechanism three aspects are analyzed.The third part introduces the specific content of the judicial confirmation system running in our countryThe fourth part mainly through the study on the investigation to the practice, discuss the behind the institutional defects and practical problem, highlight by incision for real problems that exist in the judicial practice, theory with practice in-depth thinking and put forward specific ideas of perfecting our country’s judicial confirmation system. This section contains the judicial confirmation system running status and existing problems, and imagine part includes the following three aspects: strengthen the propaganda, relief way of perfecting the judicial confirmation and the improvement of practical problems.