Research On The System Of Judicial Confirmation Of Lawyer Mediation Agreement

The people's mediation agreement is the typical judicial confirmation system for more than 10 years.On September 30,2017,the Supreme People's Court and the Ministry of Justice jointly issued the "Opinions on Launching the Mediation of the Attorney Mediation Opinions",making the mediation of lawyers a mediation pattern.In the form of independence,people's mediation goes hand in hand.This opinion involves the contents of the judicial confirmation of the lawyer's mediation agreement and prepares for the further development of the judicial confirmation system of the lawyer's mediation agreement.The development of this content will be a systematic improvement of the existing judicial confirmation system.This article discusses the current difficulties faced by China's judicial confirmation practice and the issues that need attention in the development of judicial confirmation systems for lawyers'mediation agreements.The continuous improvement of the judicial confirmation system for lawyer mediation agreements will effectively ease the current state of litigation explosions,thereby realizing the multiple effects of diverting cases,reducing court pressure,and safeguarding people's rights and interests,and promoting social governance to a new stage.In addition to the introduction and conclusion,the article has four parts.The first part makes an overall observation on the status quo of judicial confirmation system of lawyer mediation agreement.The judicial confirmation system of lawyers' mediation is a system of litigation coordination.This article first sorts out the status quo of the judicial confirmation system in China.Compared with the relatively complete judicial confirmation system for people's mediation agreements,this system is still in its infancy.It is in a state of inability to follow.Through the analysis of the implementation work that has been widely carried out in various places after the introduction of the Pilot Opinion,it is not difficult to find that the progress of the system related to judicial confirmation in our country is limited,and there are also differences in various regions.The second part analyzes the problems existing in the system.On the basis of affirming the legitimacy of the judicial confirmation system,this article summarizes the reasons for questioning the legitimacy of the judicial confirmation,namely the involvement of public power in the judicial confirmation that undermines the autonomy of the mediation organization,the difficulty in completely resolving the dispute,and the burden on the court.may.However,these reasons are based on the fact that the lack of detailed provisions on judicial confirmation and imperfect supporting mechanisms have caused concern about the quality of mediation agreements and the efficiency of court work.On the basis of a correct understanding of the legitimacy of judicial confirmation,the key to perfecting the judicial confirmation system lies in the assurance of the quality of mediation agreements and the specification of procedures.The third part analyzes the reasons for these problems.This paper attributes the above issues to the following two points:The first is the social level.The social transformation leads people to change the concept of dispute resolution,so that litigation becomes the first choice.Traditional mediation has been ignored to a certain extent,and people are currently pursuing The recognition of the judicial confirmation system is far from enough;the second is that the legislative level needs to make up for legislative gaps.At the same time,due to the initial implementation of the practice,the lack of experience is the obstacle to the development of the judicial confirmation system for lawyer mediation agreements.The fourth part provides some solutions to the above-mentioned problems and reasons.The first is based on the assumption of the legislative form of the judicial confirmation system of the lawyer's mediation agreement,the detailed and explicit expression of the specific procedural requirements,and suggestions for the improvement of the relevant supporting mechanisms of the system,including the first to include it in the "civil" The Procedural Law then sets up a single-line law to regulate the system,clarifying the system's positioning,develops procedures for judicial confirmation,and improves supporting systems to assist in the development of the system,including improving the criteria for the selection of mediators and mediation agencies,and regulating lawyers.Mediation process.