An Examination Of The Operation Of The Judicial Confirmation Procedure Of The People's Mediation

The people's mediation system is an important system of China's grassroots autonomy to resolve disputes,but in the judicial confirmation system before the people's mediation system,the mediation agreement due to the lack of legally binding once paralyzed.With the revision of the civil procedure law in our country,the judicial confirmation system has been formally incorporated into the legislative system.The people's mediation agreement judicial confirmation system is an important achievement of the judicial reform in China in recent years,is an important institutional innovation through bottom-up practice experience to explore,so I also choose to use empirical research methods to understand the judicial confirmation system in practice,through the method of combining the theory with practice puts forward some suggestions on the system.The applicability of judicial confirmation in the province of lower case,the case is less,so the author chooses X as template,in-depth X city two district court and the Judicial Bureau of investigation,through the discussion and judge,mediators of communication,personal experience to the judicial confirmation of the number of cases less reason.The author visited two people's court since 2013,"Civil Procedure Law" provisions of the formal judicial confirmation system of people's mediation agreement since,until August 2017,the number of cases less overall,the operation of the system is not satisfactory,facing many problems.On the one hand,the judicial confirmation case there is no uniform standard of review,all over the court review is not a judicial confirmation case;no amount setting threshold,in some cases the target amount is too large,to the court of review to take risk,easy to produce false judicial confirmation;the court without detailed Provisions on the application materials,the application of the parties to bring inconvenience.On the other hand,the relevant parties on the judicial confirmation system connotation,function and process are the lack of knowledge,the cause of this system to better expand;there is the problem of poor communication between the organization and the court mediation,judicial confirmation system has become a blank zone between litigation and non litigation;judicial confirmation procedure without the corresponding reward the program,the mediator and the judge makes it difficult to mobilize the enthusiasm.According to the above problems,the author puts forward her own suggestions: first,improve the provisions of the procedure.It should be clear the judicial confirmation case review procedures,standard unified examination;restrictions on the judicial confirmation case amount limit,to prevent false judicial confirmation;at the same time to refine the judicial confirmation of the application materials,so that the parties can make clear that all kinds of case which evidence materials shall be provided.Secondly,the specific implementation of judicial confirmation procedure.Can strengthen the judicial confirmation system of propaganda,multi way to popularize the judicial confirmation system;the establishment of court mediation organization and point to point contact mechanism,strengthen communication between the two sides;to perfect the judicial confirmation mechanism to encourage the case,increase the mediators and judges for judicial confirmation of cases of work enthusiasm.