Research On People’s Mediation Agreement Judicial Confirmation System

People’s mediation system with a grassroots level and many other characteristics like serving a wide range of mediation mechanisms, simple mediation mode and low cost, which makes it a unique way to resolve conflicts and disputes. It was hailed as "the first line of defense to resolve the contradiction and controversial" and the international community even commended it as the "Oriental experience" to resolve disputes. Thus, the people’s mediation system, recognized by society and people of all ages in a variety of ways of dispute resolution, and has also been highly valued by the judiciary.It is undeniable that, since the effectiveness of the mediation agreement is low, like the parties not to perform mediation agreement is very common. This makes the unique mediation of settling disputes weakening, and people have to seek help from the courts. The courts are resulting in a arising "litigation explosion" situation in recent years. But after all, limited judicial resources make the disputes fail to resolve promptly and effectively, and the courts are suffering in great pressure. Give full play to the functions of the various agencies, to build a diversified way to resolve the disputes and conflicts has become the inevitable choice of judicial reform. People’s mediation has a profound theoretical and practical basis. The most important reason that hinders the development of mediation system is for the lack of effectiveness of the mediation agreement. Therefore, to explore a way to strengthen the effectiveness of the mediation agreement is particularly necessary. Under the judicial confirmation system, a mediation agreement among parties once received a judicial confirmation will become enforceable. Practice has proved that establishment of the judicial system is the best breakthrough of the people’s mediation system, and this promotes the healthy development of the people’s mediation system. There are still many issues worthy of discussion about the judicial confirmation for people’s mediation system. This thesis is divided into three parts:an introduction, body and conclusion. The body part is divided into four chapters, which are summarized as follows:The first chapter discusses the theoretical basis of the people’s mediation agreement judicial confirmation system; the analysis the legitimacy of the judicial system and the necessity to build the system. Multi-party consensus is the legitimacy source of the judicial confirmation system, the judicial confirmation process guarantees the enforceable legitimacy of people’s mediation agreement, which effectively refutes the theorists questioning on the legitimacy of the judicial confirmation. Judicial confirmation system is not a vacuum; the second section discusses the necessity of the judicial confirmation system and operation from the following aspects:the need to build a harmonious society, pluralism dispute settlement mechanism is an important part of the mediation agreement, to protect the effectiveness of the system and so on.The second chapter mainly discusses the important issue of the problem of the system of people’s mediation agreement judicial confirmation system, namely the nature of res judicata issue after judicial confirmation system, the implementation of evidence and confirmed by judicial mediation agreement of res judicata. The author firstly reviews the nature of the judicial confirmation, identify the nature of the judicial confirmation system should be the non-judicial procedure, and then analyze the impact of the judicial confirmation of non litigation procedure on the properties of program construction. At the second of this chapter analyzes the judicial confirmation of execution.At the end of this chapter discusses the issues of res judicata judicial confirmation.In the chapter three, it points out the problems of the people’s mediation agreement judicial confirmation system. The system not only has the philosophy problem, but also has the specified stipulation defect.Litigant-oriented deviation, formalism of coordination, administrative tendency, the public superstition of the litigationand so on, is the philosophy problems of the people’s mediation agreement judicial confirmation system. The problems of the specified stipulation are mainly showed in apply mode, the investigation mode, and the executive scope.On the basis of Chapter Ⅲ, Chapter Ⅳ explores the judicial confirmation system on the problems exist in the people’s mediation agreement judicial confirmation system, which requires both macroeconomic policy guidelines and the need to improve the path specified in the relevant laws.