Study On The System Of People's Mediation Agreement Of Judicial Confirmation

Judicial confirmation system as an important innovation of docking litigation,sprouted in local practice,and developed into a national legislation.This system is one of the highlights of the People's Mediation Law in 2010,and has been further clarified and improved in the newly revised Civil Procedure Law in 2012.After several years running,what is the implementation of the judicial confirmation system and how to deal with the problems in the theoretical field? What are the problems in judicial practice and why? How to innovate and consummate the system of judicial confirmation? This study attempts to answer these questions on the basis of research.In this thesis,the people's mediation agreement judicial confirmation as a specific object of study,selecting A and B to research.B District Court is recommended to be "multi-dispute settlement of the pilot court",while A is not a pilot court.Interviewing the relevant personnel of the Justice Bureau and the District Court of B,and the A District Court,the Justice Bureau,the region's 11 towns,street Judicial offices and 10 community committees to conduct research,and to inspect the file access to relevant experience.At the same time,through the analysis of the data of some judicial confirmation documents,and tries to find out the present situation of judicial confirmation system from a more comprehensive perspective.The research found that the relevant subjects were not enthusiastic about the application of the judicial confirmation system,lacked the effective handling of the docking path,the types of the cases to be legally confirmed are limited,mediation instruments lack of normative instruments,the insufficient role of the professional committee as well as the lack of maneuverability of the judicial validation process.Not only that,the judicial confirmation in A,B implementation of the two places is also widely divergent.The reason is that,first of all,due to the lack of specific implementation details,the people's mediation agreement is not standardized and there may be parties to abuse the judicial confirmation of the risk of self-interest,resulting indifficult to simply confirm the people's mediation agreement is the court to confirm the judicial the use of the greatest concern.Secondly,due to the unreasonable performance assessment standards and the lack of adequate legal assurance of funding to ensure that the rational judges and grassroots mediators lack the corresponding enthusiasm.The institutional reason behind it is that the establishment of the judicial confirmation system is a typical Chinese-style top-down reform.The existing system and its related supporting measures not only lack the incentive for the local courts and judges,but also lack the prevention and lowering of the judicial to identify institutional arrangements and mechanisms that may pose a risk to the courts and judges.Finally,combined with the comparative study of Chinese and foreign diversification dispute resolution mechanism,this thesis from the system level and practice level and make some relevant suggestions.The recommendations of the system text level include: clarifying the scope of judicial confirmation: based on the analysis of the data of the referee documents,perfecting the procedure of the judicial confirmation system and perfecting the measures to prevent the recognition of malware and abuse of justice.The practical suggestions are: to enhance public awareness,to strengthen the relationship between the court and the people's mediation organization,to improve the professional quality of mediators,to set a reasonable performance assessment standards,to expand the people to mediate special expenses and strengthen the mediation agreement normative.