Research On The System Of Judicial Confirmation Of Mediation Agreement

Judicial confirmation system as the cohesion mechanism,expand the path of diversified dispute settlement mechanism.The perfect degree of the system in a sense,can determine the effective use of the system function and the value of the implementation system.Accusing the properties based on the judicial confirmation of the settlement agreement,the judicial confirmation is a form of censorship,but,in the form of review cannot achieve the requirement of litigant's procedure guarantee,also cannot cope with cases to ascertain facts requirement when in doubt,also cannot prevent the abuse of the judicial confirmation system.To this,this article holds that the application of “staggered applicable theory” apply legal principles,in order to respect the private right to dispose of as the logical starting point,in the judicial review form examination and auxiliary examination as to substance examination ways,in case of doubt,the detection can be relative to the case facts.Whether judicial confirmation order for res judicata is also a controversial issue,is the core of the problem being sentenced to force,this article argues that the court shall give the judicial confirmation order to res judicata,so as to realize the one-time solve disputes.The judicial confirmation of questions and concerns of the parties being sentenced to force the right remedy.At the same time,in the operation of the judicial confirmation system,how to define the relationship between litigation and mediation,how to locate and implement the purpose of judicial confirmation system,how the future trend of the development of the judicial confirmation system,this article will with these problems as the research scope in this,the study of these issues is helpful to improve the system of judicial confirmation,so as to implement the seamless connection between the litigation and mediation.In this article,the logic of system consists of seven parts.The first chapter in certain judicial confirmation accusing the nature,on the basis of focus on interpretation “staggered applicable theory” in the content of the judicial review and review,based on the basis of private right disposition,puts forward to relative facts to the limits of detection for review.The second chapter studies the range is the effectiveness of the judicial confirmation,judicialconfirmation of res judicata is the focus of the study.In investigated on the basis of comparative of res judicata theory and Taiwan township mediation system,on the basis of comparative analysis,that should be given the judicial confirmation to res judicata can realize one-time solve disputes.The third chapter expounds the judicial confirmation right remedy.Chapter IV reflection of judicial confirmation system,analyzing the problems existing in the system,and puts forward corresponding views to deal with them.Chapter V judicial reform under the judicial confirmation elaborates the orientation and task of system,put forward from the Angle of law society should update ideas,realize the modernization of civil dispute resolution mechanism,and leads to the transformation of the mediation method of physics and chemistry.Chapter 6 on the outlook for judicial confirmation system,look forward to the operation of the system of judicial confirmation to expand community autonomy and right,realize the harmonization of social governance and promote the judicial innovation.The seventh chapter is summarizes.