A Research Report On Judicial Confirmation To The People’s Mediation Agreement Of Xinhua County

It has been five years since the Judicial Confirmation System was first launched as a pilot projectin Intermediate People’s Court of Dingxi City, Gansu Province, and then it was written in the latestrevision of the Civil Procedure Law in2012. The highest level of the country expected good outcome ofthe system, but it doesn’t work as expected according to the judicial practice. Through surveys topersonnel and funds guarantee of the people’s mediation organization, we found that there are problemssuch as obvious political tendency, low personnel quality, insufficient fund, etc. in the judicialconfirmation system. According to the survey we conducted to the people’s mediation of XinhuaCounty from2009to2012, we found that there is a high rate of agreement discharge, high proportion ofclient coming to an agreement in verbal form, the number of people who receive mediation actively orentrust others to join in is increasing year by year and it’s getting harder and harder to do mediation.According to an analysis of People’s Court of Xinhua County, there is a total of85cases involvingjudicial confirmation from2009to2012, among which few cases are settled in the form of action. Theremaining80cases are indirectly confirmed by mediation paper. The judicial confirmation system is "ina frozen state".Based on this, we released questionnaires, consulted the files and convened forums, etc.Combing with related sociological theories to investigate the problems in the practice of judicialconfirmation system through three levels: the main body, system and national conditions. For the mainbody, we found that clients do not know or do not want to apply for judicial confirmation, or have falseunderstanding about the judicial confirmation, or people’s mediators do not tell the client about thejudicial confirmation for their own interests, or the judges choose to mediate based on conflict betweenmultiple character conciliation. As for the system, judicial organs and the court have problems duringthe start, the specific operation and cooperation etc. As for the national conditions, conflicts between thenational law and folk law, changes of order of value in dispute resolution and execution difficulties arethe reasons why it is hard to carry out for the judicial confirmation system. Based on the above analysis,through textual research of the existing laws and regulations and examination of the current system,some suggestions and opinions are put forwarded in three aspects: renewing the idea of confirmation,making the operation mechanism smooth and cracking the operation difficulties.