Introductory Research On Validity Of The People’s Mediation Agreement

The thirty years’ vigorous development of China’s economic leads to the diversification of the social interests, and it is associated with increasing complicated social issues and abundant lawsuit cases. Therefore, judicial reform has been engaged in the contradiction between lack of judicial resources and lots of lawsuit cases. That is to say, traditional judicial system cannot meet the increasing justice demand of people. In the view of the increasing lawsuit cases, it is important for the court to establish multifaceted dispute settlement with Chinese characteristics and to defuse the social issues for construction of hannonious society. In2004, the Regulations of State Council Pushing the Implementation of Legal Administration maintained that the government should explore an efficient, convenient and low-cost mechanism to prevent and solve social contradiction, and should give full scope to mediation in solving social contradiction.As the application of the people’s mediation to solve dispute having social roots, the autonomy of the will can be realized in a flexible and practical way. And this mechanism plays a more and more important role in solving social contradiction. But in the basic units’concrete practice, the people’s mediation has many problems. And the most troublesome problem is that the mediating agreement is of no legal effect and this affects on the prestige of people adjuster’s meditating and people’s mediation itself. People’s Mediation Law of the People’s Republic of China have taken effect on January1,2011. This law establishes the mechanism for the judicial confirmation of mediation agreement and makes the traditional people’s mediation match the modern judicial system. It also solves the problem that the mediating agreement is lack of authenticity and enforcement, at the same time, it also increases the execution of the mediating agreement.People’s different cognitions exist in what the people’s mediation is, what the quality of the mediation agreement is and what the factors affecting the validity of mediation agreement, which leads to the people’s different comprehensions of why and how the validity of the mediation agreement should be improved. The new People’s Mediation Law has not solved this problem completely. The author proposes some suggestions for enforcing effects of the mediating agreement:improving the validity of the people’s mediation agreement, ensuring the range of the application of people’s mediation; improving the quality of people adjuster team; intensifying guidance to the people’s mediation by the court and judicial administrative department.