Research On The System Of Judicial Confirmation Of People’s Mediation Agreement

The provisions of article194and195in new civil procedural law, announcedthe people’s mediation agreement judicial confirmation system in my national defenselaw of administrative procedure. People’s mediation agreement formal administrativeprocedure of the judicial confirmation system, it contains the value of the two: One isthe will of the people’s mediation mechanism with the advantage of court executionprocedures set in itself. Not only retained the people’s mediation mechanism peacedialogue way, flexible form of dispute resolution, saving the cost of the judicialfunctions, but also resorted to the court for compulsory execution to strengthen theeffectiveness of the conciliation agreement; the other is through the judicialconfirmation process, court of people’s mediation agreement voluntarily, legitimacyreview, improve the business quality of people’s mediation organization, standardizepeople’s mediation organization mediation work. This is good for divert part ofdisputes out of court, save social cost, balance social relations and stabilize socialorder. This article launches the elaboration from two aspects of theory and practice,combined with the new changes of the civil procedure law, put forward the defects ofthe system implementation process, in order to promote the diversity of disputeresolving mechanism constructionThis article divides into five chapters:Chapter one introduces the social background and connotation of our country’sjudicial confirmation system, compares it with public remedy, concludes thecharacteristics of consensus standard、process convenience、plot attention，points outits reinforce effect、rule guide、shunt disputes.Chapter two introduces the United States, Japan, Taiwan and Hong Kong’srelated system, compared with the judicial confirmation system in China, come to theconclusion that we can draw lessons from the beneficial experience in foreigncountries Taiwan, and Hong Kong.Chapter three analyses the current situation of the judicial confirmation system.On the one hand, analyses related laws and regulations in legislation; on the otherhand, analyses the practice of Dingxi city intermediate court and Liaoning district court.Chapter four analyses the problems of judicial confirmation system: applicationconditions were harsh, examine provisions were ambiguous, remedy measurementswere defective.Chapter five presents concrete suggestions of improvement, such as allow theparties to apply for judicial confirmation unilaterally, relax the application scope ofjudicial confirmation, annotate judicial confirmation’s investigative subject、investigative standard and method, approach for perfection of judicial confirmation ’sremedy measurement and so on.