Research On The Construction Of Judicial Confirmation Agreement System

As one of the dispute resolution, mediation plays a significant role outside of the lawsuit. The System of Judicial Confirmation of Mediation Agreement can not only guarantee the legal effect of the mediation agreement itself, but also promote the linkage between litigation and non-litigation. And this system has already written to the latest revision of the "The Civil Procedure Law of People’s Republic of China". But because of the Supreme People’s Court has not issued the relevant judicial interpretations, and this system is still in the exploratory phase, so, there are some controversy in the academic circles. Such as identified the quality of mediation agreement and confirmation procedure, cleared specific procedures, reviewed false application, and so on. This article is based on the system construction as the staring point. First, define the meaning of judicial confirmation of mediation agreement, explain its function and history, then compare with other nations similar systems. Second, analysis of present situation and insufficient of this system in our country. Last, put forward some sound and appropriate suggestions. In order to better share the burden of the court This article is divided into four chapters:Chapter1. The concept and history of the judicial confirmation of mediation agreement. The essence of judicial confirmation is given legal force for mediation agreement, and guarantee its enforcement. Besides, restrict applicable scope of object of judicial confiirmation. That the mediation process must be completely without a court involved, but could appropriate to broaden the mediation body, include people’s mediation committee, administrative departments, and other organizations with mediation function.Chapter2. The investigation and comparison of other nation’s similar mediation system. Such as the United States court-annexed mediation, Germany compulsory mediation before litigation, and mediation in Taiwan region. And compared with our system of judicial confirmation of mediation agreement. Aim to provide reference for the development of the system in China by analyzing and comparing.Chapter3. The present situation and existing problems of our system. This chapter elaborates the legislative and judicial status of the system. The following problems in the judicial practice are at present:all kinds of mediation team and personnel set confusion, the confirmation process is no uniform standard, the court internal division of labor is unknown.Chapter4. The construction of system of judicial confirmation of mediation agreement. This chapter wills analysis the nature of judicial confirmation of mediation agreement. I think the system is non-litigation procedure, but has some characteristics of litigation. In addition, this chapter will put forward opinions and suggestions for application, jurisdiction, review and some other aspects of judicial confirmation procedure.