Research On Judicial Confirmation Procedure Of People’s Mediation Agreement

Due to the procedure of judicial confirmation on people’s mediation agreement’s effect with the compulsory execution was given conditionally from the procedure of judicial confirmation, the institution of people’s mediation has become an effective way to solve disputes in modern society. Although the procedure of judicial confirmation has the unique value, the theory research and practice about this problem is still insufficient, so it is necessary to study deeply.In the introduction of this dissertation, the author discuss the nature and organic connection among the three important concepts of people’s mediation, judicial confirmation and procedure. Followed points out the research approach by revealing the both positive and negative contradictions exist in reality based on the background of the legal construction in China.In the first chapter, the author introduces the concept of the procedure of judicial confirmation on people’s mediation agreement, the change and development of this institution, analyzes the value and function of judicial confirmation the procedure. Due to the different opinions from the scholars on the procedure, the author describes several controversial views, some of these ideas have the conclusion of the research, some differences, others are no final conclusion.In the second chapter, the author mainly discusses the problem of the procedure of judicial confirmation on people’s mediation agreement involved in legislation and practice from the location and basis, starting and running, security and supporting mechanism.In the third chapter, the author puts forward solutions to existing problems, In particular, proposals for the improvement of legislation is by no means a simple request to fill legal vacuum, develop more rigorous, comprehensive statute.follows the basic principles of humility, learns from the successful experience of foreign ADR, and analysises on how to perfect the judicial confirmation of people’s mediation agreement based on the autonomy and consensus of people’s mediation.In the final epilogue, the author emphasizes the advantage of the procedure of judicial confirmation on people’s mediation agreement, reiterated the opposition to the legislation perfection only strict view, briefly summed up the proposed solutions to existing problems, at the same time, gives prospect to the development of procedure of judicial confirmation from the combination of freedom and order.