A Study On The Judicial Confirmation System

With the continuous introduce of "People’s Mediation Law" and the "the people’s mediation agreement on certain provisions of the judicial confirmation process"formulated by Supreme People’s Court, the mediation which is called "Oriental Flower"by Westerners bloom again in our vision with a kind of brand-new attitude.It has become the biggest bright spot for judicial reform as the Civil litigation system that connect the effect of the mediation with that of lawsuit system. It gives compulsory execution to the non-litigation mediation agreement, to enhance its credibility, It has been not only in line with the diversified trend of the dispute resolution mechanisms, but it has complied with the steady progress of the harmonious society.By studying the meaning and the nature and the core program of the judicial confirmation system,we can find that the judicial confirmation system owes a proper theoretical foundation and a rich practical foundation. In the historical perspective, the judicial confirmation system was always gradually growing up with the changes of the level of mediation system, the long history of5,000years of civilization has already planted the seeds which would sprout the judicial confirmation system. Its value is immeasurable, it can not only reduce the work stress of the court and the litigation fatigue of the parties,but also stabilize the whole judicial order and the social order. Compared to the similar system of the other countries and regions, the judicial confirmation system is filled with Chinese characteristics, it gives full play to the advantages of a variety of dispute resolution mechanisms. But at the same time, it exists lots of problems such as inadequate understanding of the related personnel, the imperfect legislation and lacking of special channel of the judicial confirmation and so on. It is necessary to improve the judicial confirmation from the three aspects of "concept, procedures,personnel".