Research On The System Of Judicial Confirmation Of People’s Mediation Agreement

In recent years, the rapid development of market economy, interest demands appeared in a wide range, with an increasing number of disputes, a large number of cases have been pouring into the court, the limited judicial resources has been unable to meet the social dispute resolution, in order to alleviate the pressure of court litigation, people began to explore alternative dispute resolution. Mediation is the diversification of the dispute settlement mechanism is the most important one kind of way, but due to the lack of mandatory and authority of the validity of the mediation agreement, binding is relatively weak, many parties in the agreement and regret, the disputes and back to its original state, still need to court proceedings to resolve, on the one hand, the judicial resources caused great waste, on the other hand also caused loss of time and energy for the parties. The appearance of the judicial confirmation procedure of the mediation agreement made up for this deficiency. "Judicial confirmation" this concept first appeared in the 2007 Dingxi City Intermediate People’s Court issued the "opinions on the judicial confirmation mechanism of people’s mediation agreement before litigation(Trial)" in recent years, China has successively promulgated a series of laws and regulations and judicial interpretations of the confirmation process of judicial mediation agreement provisions, including several opinions of the Supreme People’s Court on disputes to establish and improve the convergence of litigation and non litigation settlement mechanism in 2009"(hereinafter referred to as the" opinions "), the People’s Republic of China People’s mediation act of 2010"(hereinafter referred to as the "people mediation law"), in March 23, 2011 the introduction of the "Several provisions of the Supreme People’s Court on the judicial confirmation procedure of people’s mediation agreement"(hereinafter referred to as the "Judicial Confirmation Procedure Provisions"), 2012"on the revision of the" Chinese The People’s Republic of China Civil Procedure Law,"the decision"(hereinafter referred to as "civil law") the second amendment(and 2014 of the Supreme People’s Court on the application of the "the People’s Republic of China Civil Procedure Law" interpretation "(hereinafter referred to as the" Civil Procedure Law judicial interpretation "), these regulations together constitute the mediation agreement judicial confirmation process system, clear the mediation agreement judicial confirmation in application, jurisdiction, acceptance, review,judgment, legal consequences, confirm application for withdrawal, cost cases, theoutsider relief a series of program requirements, the mediation agreement judicial confirmation procedures applicable laws, rational according to. However, the judicial confirmation procedure of the mediation agreement is not perfect, there are many problems in legislation and practice.The full text is divided into four parts. The first part for people’s mediation agreement judicial confirmation system, the basic theory, to the judicial confirmation system of generated background and concept of carding and discusses the judicial confirmation system legislation purpose and value, and then condensed out of judicial confirmation system of legislative purpose, nature and value. The content of the second part is a comparative study of foreign countries and China’s Taiwan region system, through respectively on the United States Court annexed mediation system,Japan’s civil mediation system, and China’s Taiwan region the township mediation system, finally get our country judicial confirmation system and the national and regional system of comparative inspiration, make our people’s mediation agreement judicial confirmation system can better development in theory and practice. In the third part, the civil judicial mediation agreement confirmation system combing the present situation and the existing problems. Firstly, this paper lists mediation agreement judicial confirmation system in China’s laws and regulations in the legislative provisions, carries on the analysis from the perspective of the legislative and judicial practice of the judicial confirmation of the status quo, and the judicial confirmation system in practical use. The fourth part of the contents of justice for the people’s mediation agreement confirmation procedure system perfect, from mediation agreement judicial confirmation procedure should follow the basic principle,elaborated mediation agreement judicial confirmation procedure should be made clear some of the basic supporting system.