On The Judicial Confirmation Of People’s Mediation Agreement

China is making efforts to promote the reform of the judicial system, one of thegoals of judicial reform is to build a diversified dispute resolution mechanism, judicialconfirmation of people’s mediation agreement is an important part of the diversifieddispute resolution mechanism, and it is also an important issue to achieve a smoothdocking of two dispute resolution the way the litigation and mediation. Judicialconfirmation of the people’s mediation agreement means that the parties reachedpeople’s mediation agreement through the mediation of people’s mediationcommittees outside the court proceedings, reviewing by the people’s court of thejudicial confirmation process, confirming to the effectiveness of the mediationagreement, giving the conciliation agreement to enforceable to resolve thecontroversy between the parties. The people’s mediation system is a legal system withChinese characteristics and connotation of profound traditional Chinese culture，it isthe original non-litigation dispute resolution of our working people to resolveconflicts and eliminate disputes. People’s mediation has the grassroots level, and it iswidely distributed, well-organized, convenient, not to hurt feelings, economical, andso on, it is a special and important role in resolving disputes, known as the " first lineof defense " to resolve contradictions and disputes, and as the "Oriental experience" toresolve social conflicts by the international community, it has been favored by the masses, and the party and the state has always attached great importance to thedevelopment and improvement of people’s mediation system. In recent years, due toeconomic development, the community began to shift from the society ofacquaintances to strangers society, the effectiveness of the mediation agreement hasbeen greatly affected, People worried about the performance of the mediationagreement, the only indisputable feature of mediation given numerous weakening oftraditional bottlenecks of the development of dispute resolution. The cause of people’smediation is entering a new stage in21st century, a variety of legislative and judicialinterpretation on the people’s mediation were introduced, people’s mediation systembegan to move toward standardization, into the modern period of transition. Judicialconfirmation of the people’s mediation agreement comes into being to strengthen thepeople’s mediation and to eliminate the bottleneck in the development of people’smediation system. The most important is the "People’s Mediation Law " promulgatedand implemented, it is compatible with the growing socio-economic, conform to thestrong demand of the broad masses of mediation, is a major event in people’smediation work history of the development milestone, has aroused widespreadconcern in the community."People ’s Mediation Act " to the form of the statute furtherprovides and improves the judicial confirmation of the substantive and proceduralrequirements to make this new system being normative with operability, making thebroad masses a more comprehensive understanding of the new system, also makingthe Court operation with specific reference to the provisions of the law. Of course,there are still many shortcomings in the system design and concept positioning ofpeople’s mediation agreement judicial confirmation process, to be the continuousexploration and improvement of the judicial practice. This paper aims at theintroduction of background on the judicial confirmation process, the implementationof the elaboration of the status quo, a comparative study a similar system with othercountries and regions to identify the inadequacies of the judicial confirmation process,and try to right the judicial confirmation process concept, to build the perfect designof this program.