The Improvement Of The Judicial Confirmation Process Of The People’s Mediation Agreement

As the unique non-lawsuit dispute resolution mechanism for solving social disputes in our country,the people’s mediation system has been enjoying the reputation of “oriental flowers”in foreign countries.But success rate of mediation has been reducing,and people often regret implementing the people’s mediation agreement.In order to solve the plight of mediation system and restore the original vitality,our country gradually established the judicial confirmation process of people’s mediation agreement by a series of legislative and judicial interpretation.Because of its non-lawsuit nature,the judicial confirmation process of people’s mediation agreement has special accessibility.So it makes a part of cases stream out from proceedings,reduces courts’ stress and saves the judicial resources.At the same time,it also arouses mediator’s work enthusiasm,improve the ability of solving complex disputes and improve the mediation organization’s credibility in people’s heart.After the court reviews the mediation agreement,the mediation agreement has enforcement effectiveness.It realizes the combination of the litigation and mediation and avoids lawsuit that people file as the last option.In this paper,the author understand the nature of judicial confirmation process and value of rule of law on the basis of its concept and features.Then,the author introduces extraterritorial countries’ enactment of legislation such as USA,Germany and finds out their value which our country can learn.Of course, I will focus on the part of the third and fourth,mainly find out the judicial confirmation process’ s defects, and then propose specific measures for improvement of the problem.The author finds out that the judicial confirmation process has the following defects that can’t be ignored.Firstly,the scope of the judicial confirmation process is not very clear.It’s not very clear that people can apply for judicial confirmation process or not under the auspices of the other organizations.Secondly,the subjects who apply for the judicial confirmation process have limitations.On one hand,mediation organization is not specified,on the other hand,the starting of the process under the joint application makes the range more narrow.Third,the content and form reviewed by courts have shortcomings.Courts don’t treat differently depending on the circumstances of cases.Fourthly,the judicial confirmation process lacks of supervision and relief program.Emphasis on the relief channel means there are more layers to protect the interests of all parties. Usually,we find out a system’s problems to better improve the system.Of course,in this article the author puts forwards her own perfect proposal in the legislative for judicial confirmation process.Firstly,clear and definite the scope of the judicial confirmation.We can fit administrative conciliation agreements and commercial conciliation agreements into the judicial confirmation process definitely.Secondly,extend the subjects apply for the judicial confirmation process definitely.The subjects will be single person instead of double.And mediation organizations can also be the subjects.Third,the content and form reviewed by the court should be reasonable and normal.The content reviewed by courts can be the combination of formal examination and substantive examination,but we can focus on any one.And we should prefer to hear the case only on the basis of the written materials and evidence.Fourthly,we should establish and perfect supervision and relief systems to offer the relief ways for litigants and the people not involved in the case.