Font Size: a A A

Research On The Legal Validity Of People’s Mediation Agreement

Posted on:2014-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:T ChenFull Text:PDF
GTID:2296330422992823Subject:Procedural law
Abstract/Summary:PDF Full Text Request
People’s mediation, due to its distinctive strengths of comparison program and the uniquesystem value, has played an increasingly important role in the resolution to the contemporaryChinese civilian disputes. And it has developed into a system with Chinese characteristics inpractice. The legal validity of people’s mediation agreement, as the carrier of the dispute settlement,has received great attention in theory and practice, on the account of the related effectiveness of thesystem operation. Based on the currently relevant legislation and practice, this paper carries out asystemically research on the legal validity of people’s mediation agreement, through the integrateduse of the research methods, like comparative analysis, the combination of the theory and practiceand so on.This paper is divided into three parts.The first part defines people’s mediation and its agreement. When it comes to the definition ofpeople’s mediation, the moderator, namely, people’s mediation committee, need to state the limitsof the disputes handling and the characteristics of people’s mediation. People’s mediationcommittees are mass organizations legally formed to settle disputes among the people. People’smediation is only viable for the resolution to the civilian disputes, such as family disputes andneighborhood disputes. It is characterized as being voluntary, habitual, regional and flexible. Forpeople’s mediation agreement, the four basic composition elements are eligible parties, qualifiedsubject, qualified organization, the true declaration of will and the legal content. And the forms andthe written formats of people’s mediation agreement are flexible. According to the differentstandards, like the subjects, contents, forms and so on, people’s mediation agreement can bedivided into several types.The second part describes the different theories of the legal validity of people’s mediationagreement. As for this argument, there are three opinions. Firstly, it has the effect of civil contract.Secondly, it is enforceable. Thirdly, it could be enforceable by the design of procedure. Viewedfrom the above three opinions, the last opinion is preferable, as it can actually reflect the essentialfeatures of people’s mediation and be operable. In practice, our country adopts this opinion that thepeople’s court grants the enforcement of people’s mediation agreement through judicialconfirmation. The third part researches on the judicial confirmation, the realistic safeguard of the legalvalidity of people’s mediation agreement. It is up to both parties to bring the judicial confirmationto the court. It is optimum that the court of competent jurisdiction in the case of judicialconfirmation is the basic-level people’s court where people’s mediation organization is located.During trial, people’s court should adopt formal examination as the main pattern, essentialexamination being in additional position. And judicial confirmation process should belong to anon-contentious procedure in essence. Therefore, the verdict is that it is confirmed or unconfirmed.In order to protect the rights and freedoms of parties, a procedure--withdrawal of the application,could be established.
Keywords/Search Tags:People’s mediation, Mediation agreement, Legal validity, Judicialconfirmation
PDF Full Text Request
Related items