The Judicial Confirmation Procedure Of Civil Action

As the legalization of alternative dispute resolution procedure,the judicial confirmation procedure of civil action steps on the new stage being on behalf of the docking of dispute litigation and non litigation.By giving the people's mediation and other alternative dispute resolution procedure with enforcement,the judicial confirmation procedure of civil action effectively realizes the convergence of litigation and non litigation,and makes up for the lack of compulsory execution of non litigation dispute resolution.In 2012 the newly revised "Civil Procedure Law" incorporates the judicial confirmation procedure of civil action into special procedures,due to the judicial confirmation of civil action based on the procedural jurisprudence of dualistic theory,triggering some problems in practice,and improves some suggestion based on the new procedural jurisprudence urgently.The paper follows the ideas of Sorting out the research objects and analyzing problems,reviewing the limitations of the principle,supplying us with a kind of new perspective.This paper will launch the research on the judicial confirmation procedure of civil action by step wise in-depth analysis.Firstly,this paper introduces the development course,concept the judicial confirmation procedure of civil action.Secondly,Based on the procedural jurisprudence of dualism,this paper analyses the problems of the scope of confirm-cases,approval authority,res-judicata,retrial procedure and the mechanism of false confirm prevented in the judicial confirm procedure of civil action.Then probes into nature of the judicial confirmation procedure of civil action,the problems of basic theory,draws out Procedural jurisprudence of staggered application,analysis traditional procedural-jurisprudence of dualism,difference of the proceedings and non-contentious proceedings,and puts forward improvements of these problems based on Procedural jurisprudence of staggered application.