Research On Judicial Confirmation Procedures For People's Mediation Agreements

With the rapid development of China's economy, various social conflicts constantly appear lead to the number of litigation cases substantial increase which is challenging the court's ability to deal with the cases. So court needs non-litigation dispute resolution mechanism urgently to divert cases. Due to many reasons, China's mediation system,which is a non-litigation dispute resolution mechanism with Chinese characteristics,treated coldly gradually. In order to make up for the defects of the mediation system,the judicial confirmation procedure of the people's mediation agreement came into being. As a new procedure, there are still omissions in the current law, and this procedure also encountered many problems in the current judicial practice, which need to be solved. The research method used in this paper is a combination of theoretical research and empirical analysis. Based on this paper, the author hopes more people will pay attention to and discuss this issue, which can promote the revision and perfection of the law.This paper is divided into four chapters. The first chapter is an overview of the judicial confirmation procedure of the people's mediation agreement, which mainly expounds the background and the concept and the establishment process of the procedure,analyzes the characteristics and significance of the procedure. The second chapter investigates the relevant procedures in other countries and Taiwan,mainly introduces the provisions of Germany,France,and Taiwan's relative procedures,comparative analysis,draw useful experience for our reference. The third chapter is the current situation and problems of the people's mediation agreement judicial confirmation procedure, starts from the present situation of the implementation of the two provinces,analyzes the problems in practice and in theory, and finds out the reasons for the existence of the procedure. In the fourth chapter, the author puts forward some suggestions on the improvement of the judicial confirmation procedure in China from the following aspects: the concrete improvement of the procedure and the external supporting measures.