Research On Judicial Confirmation Procedure

With the separation of social class,the complexity of interest groups and the surge in the number of disputes,the diversified dispute resolution mechanism has become the major target of Chinese judicial reform.The judicial confirmation of the mediation agreement refers to the parties reach an agreement via mediation and they believe that it is necessary to get the confirmation from the court,then they have to apply the confirmation within 30 days from the date of mutual application to the people's court for judicial confirmation.The people's court will review the agreement and give out a confirmation according to the law to confirm the effectiveness of the mediation agreement.As a mechanism with distinctive Chinese features,judicial confirmation procedure is an important part of advancing the diversified dispute resolution mechanism,and it is also the vitality guarantee of the mediation system under the background of the new era.Mediation system is rooted in China for thousands of years of dispute settlement of the soil,but with the social transformation and losing the original system's support,judicial confirmation procedures aimed at solving the lack of effectiveness of the mediation agreement,to ensure that the mediation system function can be successfully launched,thus promote a wider application of the mediation system.From the perspective of the system of judicial confirmation,this is a system of practice before and legislation behind.Civil Procedure Law(2012)and Judicial Interpretation of Civil Procedure Law(2015)in the legislation formally affirmed the judicial confirmation process Status,the Supreme Court has also issued judicial interpretations to fill the vacancy of the system to meet the growing demand in practice.However,it is not difficult to find that there is a lot of trouble in the practice of patch-like legislation,which is contradictory and difficult.At the same time,there are also contradictions in its procedures and positioning in practice.Therefore,China is urgent to make up for the loopholes in the design of judicial confirmation procedures,and consolidate the theoretical basis of the system to arrive at a set of consistent with the theory and practice of an actual process,so that the judicial confirmation process can be justified.This essay will sort out the history of the judicial confirmation procedure,taking the legislation and practice into account to sort out the effectiveness of the operation in recent years,through the system of legal evidence to analyze the legitimacy of judicial confirmation process,and from the perspective of improving the system from relief of the confirmation process.This writing is divided into the following four parts:The first part introduces the overview and historical evolution of the judicial confirmation process.Through the introduction of functional positioning,procedural positioning analysis of the procedure to realize the practical significance of the system;through the historical evolution,the summary of the historical development of the process and the existing laws and regulations to sort out the individual to improve the legislation];through the system with the relevant function,that is,the creditor's rights of the notary and payment order to compare the system order to get the special.The second part,the practice of judicial confirmation of the status quo analysis of the current practice of the effectiveness of the harvest and the problem of research.Mainly from the mediation organization and the court,around the characteristics operation of the program and the practice of concentrated problems were summarized.The third part,the theory of judicial confirmation,should analyze the legitimacy of the procedure from the theoretical point of view.This part mainly includes three parts: the revaluation of the procedure,the legitimacy of the execution force and the Res iudicata est of the judicial confirmation.The fourth part,derived from the problem,there is a two-way solution of judicial confirmation procedures to improve the system.On one hand,a better design of the program,from the procedures of the unilateral start,the specific arrangements for the review of the program,focusing on the review standards,review points and so on were sorted out to help the court better control the risk of judicial confirmation.On the other hand,standing on the perspective of parties to protect their legitimate rights.