A Study On The Judicial Confirmation System

The system of judicial confirmation of the mediation outside the judicial in our country is not only recognized in the process of exploring promote innovation in social management as new results, but also implement the litigation and mediation as a new kind of attempt. The highlight of the judicial reform is linking up litigation outside mediation and litigation system being effectively.From giving enforceable to the non-litigation mediation agreement, credibility could be enhanced in maximum extent. It is not only reflect the fashion and trend of the world’s dispute settlement mechanism in diversification, but also conform to the steady progress of China’s pursuit of a harmonious society demands. With the widespread controversy, the system has been written into Civil Procedure Law of the people’s Republic of China.As a basic principle,"Harmony without litigation, Mediation appease dispute " has been the highest level at all times and all judicial culture. However, in recent years,the circumstances of the litigation explosion completely deviated to our ideals and the reasons are complex. Firstly the economic development effect the principle in negative. On the other hand, we exaggerated the role of the procedure of litigation and made a fetish of it.In this paper, we just have a general analysis of the background, meaning and characteristic of judicial confirmation system. By means of comparing the world of mature ADR theories and practical activities to investigate the deficiencies and defects in our judicial confirmation system. Combined with the current status of China to put forward blameless views to judicial confirmation system.In the first chapter, we research the basic theory of judicial confirmation system, discuss the theoretical basis of the legitimate system and analyze the nature of the regime. The system’s value is immeasurable, it could not only reduce work pressure in court and pressure of litigant, but also stabilize the judicial order and social order of the whole society.In the second chapter, we summarize how judicial confirmation system is currently running in our country on the basis of researching and data collecting. Through analysis, we have got the result of blemish which exist in the operation of the system from the basic theory,the legislative technique and the legal practice.In the third chapter, Through the investigation of related systems in and out, we introduce the advanced ADR theory and specific practices. From making a comparative study of judicial confirmation system, we come to confirm our judicial confirmation system with suggestions to improve. The fourth chapter elaborates on recommendations to improve the judicial confirmation system. From items of concept and regime, we give recommendations to the judicial confirmation system. In the concept, we should balance both legal practitioners and litigants in the dispute as a target to effectively improve the level of familiarity and confidence to general public. In the system, on the one hand a targeted response has been given to the issues raised against the proposal of current judicial confirmation to improve the system in China. On the other hand, depicting blueprint by calculating the national conditions of current judicial system in ADR to confirm a soundly proposal advice to put forward to the system of Judicial confirmation of the mediation outside the judicial.