Analysis Of The Effect Of The People’s Mediation Agreement: Liu And The Others Ailan V. Zhang

The important problem after the people’s Court of basic level people’s court to settle the civil disputes by the people’s mediation worth our careful analysis and research, it’ s includes three aspects:1.Trial of the people’s Court on the case of the people’s mediation agreement;2.Whether the parties to increase the litigation request is in violation of the statutory procedures or not;3.Recognition of the validity of the people’s mediation agreement,and so on.There are three focus in the case of the controversial. The first, Whether to exceed the acceptance period of the people’s court or not; The second, Whether the plaintiff claims to increase the lawsuit against the legal procedure or not; The third, Whether the people’s mediation agreement is valid or not. We can draw the following conclusions focus on these controversies and through analysis of the case.At first,according to the 32 provisions in the <paramodulation of the People’s Republic of China>, "After a mediation agreement is reached by the people’s conciliation committee, the parties may bring a dispute over the performance of the mediation agreement or the contents of the mediation agreement, and a party may file a lawsuit to the people’s court",therefore, the case is not more than the acceptance period of the people’s court. The second, according to the third provisions of the thirty-fourth paragraph of the<Some provisions of the Supreme People’s Court on evidence in civil procedure>, “The increase, modify the claim or counterclaim, shall before the expiry of the time limit for adducing evidence”.The people’s court found that the case was complicated in the course of the application of summary procedure in the course of the trial, then change the application of general procedures according to the law, and to respecify the term of proof. The plaintiff proposed to increase the application of the claim before the expiration of the time limit of the burden of proof. At last, Whether the people’s mediation agreement is valid or not. The plaintiff and defendant have full capacity for civil conduct, the people’s mediation agreement is voluntary and true meaning of the two sides, it’s not violate of law,mandatory provisions of administrative regulations and public interest.Therefore, the people’s mediation agreement is valid.