Research On The Problem Of The Judicial Confirmation System Of Mediation Agreement

The system of judicial affirmation of mediation agreement is derived from the juridical practice in our country and eventually reflected as a separate section in the Civil Procedure Law(2012 Amendment). Its establishment is of great significance in achieving the effective connection between the mediation outside litigation and the judicial procedure and building a diversified dispute settlement mechanism. Through previous relevant laws, regulations and judicial interpretations has made a description on the application method and legal consequences of the judicial affirmation, there remains many issues on review, effectiveness and relief system in judicial affirmation that can be discussed. The judicial affirmation system was originally used in the people’s mediation agreement, in which the procedural rules are mainly built based on the characteristics of the people’s mediation agreement and the expansion of application scope shall consider the applicability of the current procedure rules. Different from the general non-contentious procedure, which only affirms a fact, the mediation agreement refers to a legal act of the two concerning parties. Its contents are involved with the allocation of rights and obligations between the two parties and shall be the basis of the rules design of judicial affirmation. In the judicial confirmation of the mediation agreement, it is necessary to adhere to the principle of necessity to review whether the mediation agreement is enforceable, and treated carefully to confirm material bonded to the mediation agreement. From the consideration of the system value of the guarantee of judicial confirmation, the judicial confirmation shall have a negative effect on the judgment. To try to prevent and regulate the problem of false judicial confirmation, the need to choose the way of review and review standards, to protect the legitimate rights and interests of outsiders.The main body discusses the judicial affirmation system of mediation agreement with four parts:The first part describes the process of establishing the judicial confirmation system, compares the characteristics of previous judicial and legislative documents, and expounds the system value of the judicial confirmation procedure, analyzes the significance of the judicial confirmation to play the advantages of the litigation, regulate the development of external mediation and the construction of diversified dispute settlement mechanism.The second part around the mediation agreement and the judicial confirmation system basic theory issues, mainly discusses the nature and effect of the mediation agreement, focusing on the program properties of various views on recognition of judicial, insist on the judicial confirmation based on the character of non-contentious procedure and judicial confirmation case is different from the characteristics of typical non-contentious cases.The third part analyzes the current our country judicial mediation agreement confirmed problems existing in the system, focus on the mediation agreement and the executable review and confirmation of material bonded to the mediation agreement, judicial confirmation ruling validity and deceitful mediation agreement judicial confirmation.The fourth part points at the problems in the judicial confirmation system, and puts forward the corresponding suggestions for improvement, clear review of the mediation agreement and the executable, and expounds the shoulds not be recognized for the repossession of the mediation agreement, and ruled that the source of the validity and effectiveness of content on the judicial recognition are discussed. In the prevention and regulation of false judicial confirmation, it is recommended to review the judicial confirmation of the flexible use of different methods of review and review standards, pay attention to the protection of the rights of the parties to the right remedy.