Study On The Judicial Confirmation System Of Mediation Agreements

The people’s mediation which is called “Oriental Experience” has not only deepsoil in our traditional culture but also to meet the needs of modern society. It iseffective to resolve disputes and it’s an important means of judicial economy. With thedeepening of China’s reform and opening up, people began to pursue the interests ofthe diverse legal needs of the community, and community management is becomingmore complex. More and more people need to mediate disputes by the way of acombination of legal and ethics to find a reasonable solution. From this perspective,the people’s mediation is becoming an important way of innovative socialmanagement. But the lack of a legally binding which is the drawbacks of themediation agreement makes people’s mediation which is "low cost, high efficiency"do not play its proper value. In order to eliminate the drawbacks of the mediationagreement, the judicial confirmation system of mediation agreement came into being.Judicial confirmation system of mediation agreement is an important component ofthe litigation and non-litigation linking-up mechanism. It has great significance forpromoting the development of mediation system, improving the quality of disputeresolution, easing the pressure of the people’s court proceedings in order to achieve awide range of dispute resolution mechanisms. January1,2013the implementation ofthe "People’s Republic of China Civil Procedure Law" provided the judicialconfirmation of mediation agreement to the civil procedure law level, marking the judicial confirmation system being forwarded to a higher level. As a new system, itstill exists certain problems in legislation and practice so we need to analyze, exploreand resolve. The author intends to confirm the status of mediation by analyzing thelegislative system and the status of judicial practice, to find the deficiencies inlegislation and in practice. On the basis of the related systems in other countries andregions and the actual situation in our country, the author aims to put forward relevantproposals to improve the system.The thesis is divided into four chapters:Chapter One: the overview of the judicial confirmation system of mediationagreement. This chapter starts from the concept of judicial confirmation system ofmediation agreements. And then it introduces the characteristics, the values and itsorigin.Chapter Two: Commentary on the controversial theory of judicial confirmationsystem of mediation agreements. From the beginning of this chapter, it comments thedifferent views, such as the nature and effectiveness of its procedures and otheraspects of the existing comprehensive theoretical dispute. On the procedural nature ofthe system, it essentially belongs to non-judicial process; on the effectiveness of themediation agreement, it should be combined with the provisions of the law before tomake a whole comprehension; on the base of the execution, the mediation agreementsand the confirmation should be the common base of the execution; on the res judicataissue，we should consider it rationally on the basis of situation in China.Chapter Three: The status and problems of judicial confirmation system. Thischapter is mainly about two aspects: the practice and the legislation. It summarizes thestatus of judicial confirmation and analyses its problems. In practice, by way ofresearch focused on the court it summarizes the practice of the courts in Shanghai andZhejiang, finds the problems of the practical operation and analyzes them; inlegislation, through the existing legal norms, it aims to find the shorts of thelegislation of the system, such as program design issues.Chapter Four: Improvement of judicial confirmation system of mediationagreements. This chapter is divided into two parts to improve and perfect the legislation and the practice. In practice, it is mainly From the perspective of mediationorganizations and courts to regulate the conduct of judicial confirmation work; in thelegislation, it improves and perfects the conditions of application, the scopes ofappliance, the remedies of the parties and the third party etc.