The Practice Of Judicial Confirmation Case Study

With the fast development of Beibu Gulf Economic Cirle, Fangchenggang city has witnessed a rapid economic growth during recent years as well as a series of problems as society keeps moving forward.With a fact that social contradictions are becoming increasingly outstanding, the amount of all kinds of law cases has grown intensively, among which civil cases takes up a main proportion. Judges in the basic people’s courts, averagely speaking, deal with over 200 cases every year, which is not only detrimental to the improvement of judicial efficency, but also difficult to ensure fairness and justice. Through analysis on some relevant theories, this papers points out that it could make clear the validity of judicial confirmation. The introduction of cases of judical confirmation in practice has brought realization of separation of cases, improvement of judicial efficency, guarantee of settlement of disputes and acheivement of the combination of legal benefits and social benefits. Specifically speaking, the problems are that the legal cases out-number the court officials, how the courts can better collaborate with the governments, and the trial and execution of some specific cases caused by land acquisition is tough. In the practice of the trial of judicial confirmation, the advantages of the judicial confirmation system have been shown, the disputes among the people have been settled at the lowest level, and the harmony and peace of people’s life has been protected.Qisha Industrial Area is the key industrial area of Fangchenggang City and Guangxi Autonomous Region. The steel project of Fangchenggang, the nickle copper project of Jinchuan Group and the Fangchenggang nuclear power plant project are all located at the Qisha Industrial Area. With the development of Qisha Industrial Area and the advance of land acquisition and construction, disputes over the transfer of rural homestead, the allocation of land requisition, the ownership of shrimp aquacultural ponds, the partnership of aquaculture and succession emerge. Sometimes, it is inappropriate for the courts to settle these cases. Sometimes, even though the court accept and hear the case, it is difficult to execute and cash up the entitlements, which severely affect the credibility of Justice. In order to protect the economic development and the social stability, our court established and maintain a close interaction with the local governments. And we also provide guidance to the people’s mediation committee and help reconcile the the various disputes caused by demolition. By making full use of the joint mediation mechanism and collaborating with the local judicial departments in the mass work, we carry out the pre-litigation mediation and ease the problems.During the practice of judicial confirmation, some practical problems need to be solved. I found out the reasons of the problems and came up with innovative solutions as followed:first, inform the parties of the judicial confirmation procedures, eliminate their questions and help them apply for judicial confirmation. Second, I propose that some administrative reconciliation agreements and significant commercial reconciliation agreements should be governed by the intermediate people’s court, which will complete the legislation of judicial confirmation. Third, the court has to hear the case according to the conditions. Therefore, in this process, the court must get rid of the thought that judicial confirmation is free and will lead a shortage of funds, and the funds to the court must be guaranteed. What’s more, cases of judicial confirmation should be incorporated into the judicial statistics and the performance evaluation system to improve judges’motivation for judicial confirmation. At last, special teams can be set up to cope with the cases of judicial confirmation according to each court’s situation. Fourth, the court should play an active role in judicial confirmation. Fifth, the election and appointment mechanism in choosing mediators should be employed to improve the institutionalization and normalization of the mediation organizations. The mechanism of publicity and training, communication and coordination of judicial confirmation, and feedback of judicial confirmation should also be established. At last, I propose that the local party committees and local governments should take into account the funds that mediation organizations and local courts need in dealing with judicial confirmation. When deciding the exact amount of funds, the local party committees and local governments should take the number of the case, the difficutlty of the cases and the participation of the mediatiors into consideration. At the same time, the local party committees and local governments should guarantee the granting of the supporting fund and it is used for the judicial confirmation, so as to protect the development of judicial confirmation. The development of judicial confirmation should meet the needs of practical development. In order to make full use of judicial confirmation to protect the harmony of the soiciety, it is necessary to improve the interaction among different dispute settlement mechanisms, and scientific development of these mechanisms. Therefore, we have to perfect the judicial confirmation system.