Exploration of the judicial confirmation process has become a hot issue in recent years, both of the theorists and practitioners are inquiring the possibility of additional on the judicial confirmation process into the Civil Procedure Law. Because practice of the judicial confirmation process is earlier than the legislative, Lack of legitimacy and imperfect procedural rules, has become the key factors which restricts the operation and development of judicial confirmation process. This paper attempts to build a comprehensive judicial confirmation process in the Civil Procedure Law, to extend its application scope to particular non-suit mediation agreement. This text includes four chapters, which is tightly around the legislative building of the judicial confirmation process of non-suit mediation agreement.The first chapter is about the basic theory of the judicial confirmation process. To define its concept, meaning, feature and the nature of the process, and to highlight the advantage of the judicial confirmation process by comparing it with the foreign judicial ADR.The second chapter is to investigate the status of our judicial confirmation process. The first is to analyze the legislative status quo of the judicial confirmation process, such as the background and process of legislative, etc. Followed is to analysis practices on judicial confirmation process, in order to provide a realistic basis for process building.The third and fourth Chapter is the specific recommendations for legislation of the judicial confirmation process. The third chapter first discusses the key theoretical issues in the building of judicial confirmation process. The fourth chapter is in accordance with the logical order of the running of program, from the start of the judicial confirmation process, and then review, decision, execution, till the supporting measures, to systematically exploring how to legislate. |