People's Mediation Agreement Judicial Confirmation System Research

The people’s mediation system is one of Chinese specific alternative disputeresolutions, which plays a crucial role in resolving Chinese civil disputes.Nevertheless, being enslaved to the limited effectiveness of the People’s MediationAgreement, the development of people’s mediation system is severely constrained inrecent years.The People’s Mediation Law of the People’s Republic of China，which comesinto force on January1，2011，prescribes the legal basis for confirming legal effect ofthe People’s Mediation Agreement through judicial confirmation procedure. It isevident that the judicial confirmation procedure overcomes the problems caused bythe limited effectiveness of the People’s Mediation Agreement to a great extent, andexerts a far-reaching impact on the people’s mediation system. Hence, it is of greatnecessity to study the judicial confirmation procedure. Basing on the understanding tojudicial confirmation procedure, and combining with the trial practices home andabroad, I analyze the status quo of Chinese legislation and those existing problems inthe practice，and then explore how to consummate the construction of the judicialconfirmation procedure system.In chapter I，by introducing the basic concepts related with judicial confirmationprocedure, I analyze the concepts, the historical background and the value of judicialconfirmation procedure particularly under the People’s Mediation Agreement indetail.In chapter II，by introducing the status quo of legislation overseas, for example,the Court Annexed Mediation of USA, the Japanese Mediation System and themediation system in Taiwan China, combining with the trial practices at home andabroad，I conclude the enlightenment to the constructing of the Chinese judicialconfirmation procedure system.In Chapter III，by analyzing the status quo of Chinese legislation and thoseexisting problems in the practice, I explore how to consummate the construction ofthe judicial confirmation procedure system.In Chapter IV, by a further theoretical exploration on many issues surroundingthe judicial confirmation process, such as the nature，scope of accepting cases, scopeof review, legal effect and relief’, Ill explore how to consummate the construction ofthe judicial confirmation procedure system.