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A Study Of The Judicial Confirmation System

Posted on:2015-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z H JiFull Text:PDF
GTID:2296330434953062Subject:Science of Law
Abstract/Summary:PDF Full Text Request
:January1,2013the new revision of the law of the People’s Republic of China civil procedure law took effect, marking the conciliation agreement judicial confirmation system as a new way of our country for the connection of law. tuning has officially on state law, however, the new civil procedure law involves only two terms of the system, combined with the related judicial interpretation of laws and regulations document for conciliation agreement and the importance of judicial confirmation system link rules and inconsistency, practice is very difficult to operate, each region of the people’s court often carried out in accordance with the own understanding and exploring the judicial confirmation result in practice, the judicial confirmation of each different. Conciliation agreement the effective implementation of the judicial confirmation system need to rely on the parties, mediation organization, the courts and judicial administrative departments cooperate with each other and work together, but based on China’s current social citizen consciousness to improve integrity, mediation system has many chaotic, the courts do not take the judicial confirmation due to subjective and objective reasons as well as the function of the judicial administrative departments and institutions are not clear, division of labor is unknown, which makes our country judicial confirmation system encountered in the process of implementing many hotpots, hinder the use and the value and the function of the judicial confirmation system. This article from the development process to review the effectiveness of the people’s mediation agreement on the need and value of judicial confirmation to establish, and the system of conciliation agreement judicial confirmation system and procedures for a systematic and comprehensive interpretation and evaluation, and points out the deficiencies and defects in the system of judicial practice and put forward corresponding solutions and improve the ways and measures.
Keywords/Search Tags:Conciliation agreement, judicial confirmation, current situationof implementation, perfection of measure
PDF Full Text Request
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