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

The System of Judicial Confirmation of People’s Mediation Agreementis an innovation in the process of establishing multiple dispute resolutionmechanism in China, which overcome the effectiveness of people’smediation agreements effectively by granting them compulsory execution.The system not only stimulate the activity of people’s mediation system,reduce parties’ costs of litigation, but also effectively alleviate the heavypressure of judicature, which realize a win-win situation.Although the System of Judicial Confirmation of People’s MediationAgreement has great important in the construction of our harmonious society,as a new system, there are still many problems not only in the aspect oflegislation but also in the judicial practice. This thesis intends to discuss theexisting problems of Judicial Confirmation system and give some advices, I hope this system will be better and play a greater performance in the future.The thesis is divided into four chapters. The first chapter aims to sort outthe legislative history of the System of Judicial Confirmation of People’sMediation Agreement and its contemporary significances. The second chapterintends to analyze the following questions which exist in the process ofJudicial Confirmation System: the dispute about the startup mode of thesystem, the principles of reviewing people’s mediation agreement, whetherthe judicial confirmation verdict has res judicata. The third chapter aims toexpound remedies of parties and the outsider when judicial confirmationverdict has defects. The fourth chapter intends to put forward somesuggestions to make the system better.