The Litigant Relief Of People’s Mediation Agreement Judicial Confirmation Procedure

People’s mediation agreement judicial confirmation error can not be avoided, and thus relief procedures of judicial confirmation is essential. People’s mediation agreement judicial confirmation outsider relief procedure has been concern, but litigant relief is a problem of domestic theorists rarely concern. With the continuous improvement and promotion of people’s mediation agreement judicial confirmation procedure, judicial confirmation error caused harm the interests of the parties, the remedies of litigants bound to play an increasingly important role. Meso China’s current "Civil Law" and related legal documents, there is no relief provisions of the people’s mediation agreement judicial determination error caused by damage to the litigant rights and interests, which would be detrimental to the legitimate rights and interests of the parties to maintain, and even affect the judicial confirmation process play its unique features. In practice, there have been many people’s mediation agreement justice has confirmed defective, litigants due to lack of remedies and feel helpless. Thus, the litigant relief problem of people’s mediation agreement judicial confirmation procedure urgent to be solved.Factors such as the nature, res judicata and enforcement basis of People’s mediation agreement judicial procedure, has a close relation with litigant relief program settings. According to the special nature of the people’s mediation agreement judicial confirmation procedure, and the general non-litigation procedures and proceedings are fundamentally different, and therefore not suitable for reference the non contentious proceedings that using objection relief proceedings to withdraw the confirmed ruling directly; Under current law and judicial interpretation the relevant provisions, Civil reconsideration system can only review the ruling of property preservation ruling,advance execution ruling, the jurisdiction objection of enforcement ruling, execution objection ruling of opposition parties and interested parties, they are essentially different with people mediation agreement judicial confirmation ruling, and therefore should not apply the same kind of remedies; In accordance with the res judicata discrimination of people’s mediation agreement judicial confirmation procedure, confirmed judicial confirmation ruling should have seen part of res judicata, the litigants can achieve their rights through civil retrial relief, but because the ruling justice confirmed that different from the general civilruling, which has a general civil ruling the form has not ruled that in reality, I suggest draw on the experience of relief civil mediation to conduct legislation; And for the civil prosecutorial protest relief, author based on the party particularity to judicial confirm ruling and prevent the abuse of litigant rights without claims. In various ways,the civil retrial procedure may be the most practical and best way to achieve the purpose of relief. But relief retrial specific settings, it should be modeled on the system object of our people’s mediation agreement judicial confirmation, relief needs of the litigants, procedural safeguards and other aspects of comprehensive consideration.