On The Judicial Confirmation System Of Foreign Mediation Agreement

The judicial confirmation system of non-litigation mediation agreements is both an innovation form of Chinese courts’ participation in social management and reforming achievements of diversified dispute settlement mechanism. It originated in "the judicial confirmation mechanism of people’s mediation agreements before litigation" in Dingxi city of Gansu Province. With the approval and enforcement of new civil procedure law, this system with strong local characteristics is formally confirmed at the basic legal level. As a system originated in grass roots, it not only is the positive response of judicial practice demands, but also provides important support to perfect the diversified dispute settlement mechanism. The highlight of this system is that it breaks through the bottleneck of the not high effectiveness, and gives non-litigation mediation agreements enforceability.Aiming at systematically analyzing the judicial confirmation system of non-litigation mediation agreements, the article starts from aspects like its meaning, background, legitimacy of foundation, and its function. Then it mainly analyzes the specific operational procedures, present situation, and the problems judicial confirmation system may encounter. At last, the article put forward corresponding perfect measures, hoping to contribute to perfecting the mediation agreements outside proceedings. This essay is divided into three chapters. Introduction and conclusion is not included in the main body.Chapter One:The overview of judicial confirmation system of non-litigation mediation agreements. This chapter mainly introduces the background, meaning, and nature determination of judicial confirmation system, and analyzes the legitimacy bases of judicial confirmation decision and functions of judicial confirmation system.Chapter Two:The present situation and its reflections of judicial confirmation system of non-litigation mediation agreements. This chapter mainly starts from legislation and practice of judicial confirmation system, analyzes its specific operational procedures, including its scope of application, competent court, procedures and review, etc. And introduces the operation conditions and main problems the systems may encounter in practice.Chapter Three:The perfect way of judicial confirmation system of non-litigation mediation agreements. This chapter pointedly put forward improvement and perfect suggestions from micro and macro perspectives. At the micro level, it should perfect related supporting system and specific procedures of judicial confirmation system. At the macro level, it should position the judicial confirmation system rationally and speed up the legislation of non-litigation procedure.