Research On The System Of Judicial Confirmation Of Mediation Agreement

the system of judicial confirmation of mediation agreement as a new way ofconnecting mediation and litigation has officially appear on the civil procedure law ofthe People’s Republic of China, however only two terms involve the system andrelated judicial interpretation lack certificate rules and as a result, it is hard to practicethe procedure. The courts in different regions tend to implement the judicialconfirmation according to their own understanding and exploration.the system of judicial confirmation of mediation agreement need to rely on theparties, mediation organization, the courts and judicial administrative departmentscooperate with each other and work together. However, based on current socialcitizens’ honesty awareness needs to be improved, mediation system exists manychaotic because of subjective and objective reasons do not take the judicialconfirmation and the judicial administrative departments and institutions function isnot clear, division of labor is unknown, which makes our country judicialconfirmation system in the process of implementation encountered many hotpots,hinder the value and function of judicial confirmation system.This article from the development process to review the effectiveness of thepeople’s mediation agreement discusses the necessary of judicial confirmation toestablish and value, and make a comprehensive interpretation and evaluation about the system of mediation agreement judicial confirmation system. At the meantime,points out the deficiencies and defects in the system of judicial practice and putforward corresponding solutions and improve the ways and measures.This article altogether is divided into three parts: introduction, text and epilogue.The body part has four chapters, the structure is as follows:Chapter1，the overview of the system of judicial confirmation of mediationagreement. This chapter mainly expounds the background of the judicial confirmationand the system of the settlement agreement judicial philosophy and value connotation,judicial confirmation system in the protection of the parties under the premise ofautonomy and the procedure justice, through to the people’s mediation agreementreview gives its enforcement power to achieve the effective connection of mediationand litigation.Chapter2, discuss the judicial confirmation process orientation and effectiveness,taking the system of judicial confirmation of people’s mediation agreement forsample. This chapter is mainly about the current theories and ideas about the judicialconfirmation process orientation and the judicial confirmation of the non-lawsuitprocedure, elaborates the effectiveness for people’s mediation agreement andevaluation, and discuss the judicial confirmation of res judicata.Chapter3, explores the judicial confirmation of trouble. This chapter mainlydiscusses the existing system of judicial confirmation in legislation, the specificprocedures and relevant organization department of the current situation to find outdeficiencies and difficulties that influences the judicial confirmation system functionand value. These obstacles are not only from the legislation to judicial confirmationsystem fuzzy and blank but also from the court and judicial functions of the unclearorientation of administrative department and other relevant departments, etc so as tocontinuously update and improve the system of judicial confirmation.Chapter4, the improvement of the judicial confirmation system. In this section,through the American court mediation before litigation, Germany forced mediation,civil mediation system in Japan and our country Taiwan area of villages and towns,mediation system for reference, and update the legislative and judicial idea, set specific confirmation process, perfect an outsider relief ways and accelerate theinstitutionalization of mediation organization construction surface to improve thesystem of conciliation agreement in our country judicial confirmation.