| The judicial confirmation system of people's mediation agreement is a new system created to solve the ineffectiveness of people's mediation agreement.It is a bridge between non-litigation dispute resolution and litigation dispute resolution in China.Although a series of laws such as Civil Procedure Law and Interpretation of Civil Procedure Law stipulate the judicial confirmation system of people's mediation agreement,there are still many problems in practice.Through the analysis of some problems existing in the system,this paper puts forward some improvement measures,and hopes that these measures can provide reference for the improvement of the judicial confirmation system of people's mediation agreement.The structure of the paper is divided into three parts.The first part is preface,which mainly analyses the case analysis,background and significance of topic selection,writing ideas and writing methods,and leads to the theme of the paper.The second part is the main body,which is divided into the following chapters.The first chapter reviews the basic concepts,legislative evolution,production process and modern significance of the judicial confirmation system.In the second chapter,the nature and res judicata of the judicial confirmation system are analyzed theoretically,and the viewpoints of the procedural doctrine and the res judicata affirmative doctrine are obtained.Chapter III,from the judicial confirmation system application time,relief measures,the judge's enthusiasm is not high,summarizes the shortcomings of the current system.Chapter IV,through the comparative analysis of the relevant or similar systems in Taiwan and some foreign countries,draws the corresponding enlightenment to improve the system.The fifth chapter,combined with the Enlightenment of some systems in Taiwan and abroad,puts forward some suggestions for improvement.The last part is the conclusion.This part looks forward to the future development of judicial confirmation system. |
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