Research On People Mediation Agreement Judicial Confirmation Process

People’s mediation system proposed and widely accepted use in ADR development background. China developed appropriate local "mediation" system to resolve conflicts at the grassroots level. The move improves a wide range of dispute resolution, but also is effective in saving judicial resources.The "people’s mediation law" introduced in 2011 gives the status of it.The people’s mediation system in China the law don’t directly acknowledge the execution effectiveness of it, but with people’s mediation agreement judicial system to confirm the program, selecting of giving its effectiveness. Not with standing the provisions of the law on judicial confirmation, but the level of specific provisions of its program are still many problems, and legislation in recent years also have the case of conflict.With Liu Wei judicial conciliation agreement confirmed cases, combining with relevant laws and regulations in recent years and the latest interpretation of Civil Procedure, from the program starts, accepting the review, the findings and relieving programs aspects study the specific operational procedures. Also explain the procedures particularity of the judicial system to confirm its value and significance. According to the case, discovery this system in specific issues at the operational level and come up with strategies to analyze and solve. Paper is divided into three parts: The first part analyzes Liu Wei case; The second part noted the issues of judicial confirmation process in the mediation agreement with recent laws, including the applicable procedures narrower, the program is not standardized, no clear standard of examine,lack of procedures and so on; the third part give suggestions and strategies, including broadening the program, determining the period, identifying the necessary standard of review, differentiating between the findings and perfecting the relief channels and so on. T he third section will combine with the existing legal provisions and practices of typical areas, as well as Chinese Taiwan and abroad system to give more reasonable suggestions.