| Since 2003,our country social disputes,with the same characteristics and other developed countries,just that our country's per capita gross national product topped$1000.As the economic system reform,the change of social structure and interests pattern adjustment,the limited judicial resources in China is difficult to solve civil disputes increase year by year.In addition to the judicial organs to solve disputes,our country there are a lot of mediation organization,typical of the judicial administrative organs of the people's mediation,conciliation,mediation of labor arbitration department,etc.Even before a hearing into the procedure of dispute mediation,conciliation,perform trial before the end,through the first and second instance and retrial procedure.Mediation has the characteristics of convenient,wide applicable scope,and the mediation agreement is reached on the solution of the dispute parties agree that no and judicial organs like making judicial documents have strong legal compulsion,is on the basis of the party's lawful voluntary agreement.Thus,the more active,positive and voluntary obligations as agreed in the performance of the agreement.Practice obtains the good legal effect and social effect,effectively dissolve the contradiction to promote the harmonious development of society.Along with the extensive application of mediation means to resolve social contradictions,combined with non-legal dispute settlement mechanism.Adrs etc multiple dispute resolution mechanism for the development of our country gradually formed the pattern of "big mediation",this is the "Oriental experience" with Chinese characteristics.But because the conciliation agreement judicial documents do not have the same legal force,in practice,a lot of lack of honesty and trustworthiness refuses to perform or not completely perform agreement agreed by the parties obligations,the mediation agreement was not made by the court after trial and judicial documents,mediation organization,nor has the power to enforce.Observant party also cannot apply for the court to enforce or mediation organization,mediation become a mere formality,losing its important functions.Through long-term practice in dingxi city people's court to find a can effectively solve the shortage of the people's mediation and other mediation,make up for the defect of the judicial confirmation of the settlement agreement namely,give signed the agreement of the other party to the ruling of the court the right to apply for compulsory execution.Have to have to pay the content of the function of judicial documents.The judicial confirmation of the settlement agreement as a novel,rapid and convenient means to solve a civil dispute,however,there exist in the judicial practice on what mediation can define the judicial confirmation is not clear,how to determined the malicious mediation mediation judicial confirmation and malicious damage the interests of the state,the collective,an outsider,and so on how to remedy,etc.Because the content of the settlement agreement if in violation of the provisions of laws,as a legal expert judges after review,it is very easy to find.The judge has social common sense also relatively easy to investigate whether the damage the interests of the state or the collective.However,the system is intended to quickly solve disputes,saving judicial resources,the agreement is only for review form,whether for its damage the rights and interests of an outsider is more difficult to find,if the parties to an agreement for malicious to the interests of an outsider,has more hidden line on the surface.And the system is not yet mature,the law generally lack of principled regulations and judicial practice,for an outsider relief means is not reasonable,specific provision.Aimed at this problem,this paper discusses malicious mediation justice confirmed that damage the interests of an outsider.To help solve the problem of system design and simple logical deduction for this system. |
PDF Full Text Request