Research On The Construction Of Judicial Confirmation System Of Consumption Dispute Mediation Agreement

Legal norms often lag behind social development.In recent years,China has made certain degree of normative and legal improvements in the field of consumption,but there are still great loopholes in the scope of the consumer dispute resolution mechanism.At present,there are five ways to solve consumer disputes in our country,but there is no effective connection between them,which can not form a coordinated and efficient dispute management system.Especially for the widely applicable mediation mechanism,due to the lack of enforcement power of the mediation agreement,many mediation agreements can not be implemented in practice,and the rights and interests of consumers can not be effectively guaranteed.It is urgent to perfect the mediation mechanism.The increasing number of consumer disputes and the emergence of new types have brought great pressure to the people’s courts to handle cases.How to divert cases and resolve consumer disputes efficiently and cheaply has become an important topic for the study of the "Consumer Rights Protection Law."The judicial confirmation system is a useful attempt to make up for the lack of enforcement power of the mediation agreement.It is a way for the people’s court to make judicial confirmation of the mediation agreement reached through people’s mediation.After one party fails to perform the mediation agreement,the other party can apply for enforcement.The system has been gradually improved since it was piloted in 2007 until its formal establishment in 2010.However,the system is still limited to general provisions based on civil legal relations,and it is difficult to fully adapt to legal departments in special areas.On the basis of theoretical analysis,this paper explores the necessity of constructing judicial confirmation system of consumer dispute mediation agreement.This paper analyzes the limitation of the current consumer dispute mediation mechanism,the need of the judicial confirmation system to meet the requirements of the Consumer Rights Protection Law,and the predicament of relevant local norms.Through the analysis and comparison of data,the present situation of consumer dispute is revealed,and the loopholes of the mediation mechanism of consumer dispute in our country are revealed through the analysis of cases,and the necessity of constructing the judicial confirmation system of consumer dispute mediation agreement is explained.The characteristics of the Consumer Rights Protection Law make it difficult for the judicial confirmation procedure in the Civil Procedure Law to digest consumer disputes,and the principle of preferential protection of consumers in the Consumer Rights Protection Law can not be taken into account based on the principle of equality in civil law.The judicial confirmation system of consumer mediation agreement needs to be constructed in order to be better applied in the field of consumer dispute.Lack of establishment of the legal level,local consumer protection regulations related to the situation of regional differentiation,there is an urgent need to build up the relevant legal system for standardization and unification.Some countries and regions have adopted more scientific procedures,including the German model of compulsory pre-appeal mediation to obtain enforcement power,the French model of incidental judicial mediation,and the judicial review model in Taiwan,China.In the course of comparative research,the author explores the enlightenment of our country.First of all,we should pay attention to the role of mediation,play its superior role,make more reasonable mediation results,and lay the foundation for judicial confirmation.Secondly,we introduce the mechanism of entrusted mediation to strengthen the connection between suit and adjustment.Thirdly,we should establish the judicial confirmation review method based on formal review to improve the efficiency of dispute resolution.In the system construction,from the path exploration and construction method two levels of research.Firstly,to explore the path from the macro level,we should add legal regulations,promote the way of specially invited mediation,strengthen the links between consumer associations and people’s courts,and make full use of the current advantages of Internet information to establish a platform for resolving online consumer disputes.In the specific procedural setting,this article closely follows the characteristics of consumer rights protection law and consumer disputes,from the initiation of the procedure to the court hearing and then to the enforcement and relief after the decision.We should form a set of scientific and reasonable,operable system.The innovation point first combines the protection of consumer rights and interests with the judicial confirmation system from the basic position and research point of view.It is proposed to introduce judicial confirmation in the way of consumer dispute resolution and build a legal system.Secondly,the regulations on the protection of consumer rights and interests of provinces,cities and autonomous regions across the country are counted,and comparative studies are conducted to reveal the shortcomings of existing norms and pave the way for the construction of the system.Thirdly,in terms of the way in which it is structured,it is proposed that provisions be made in the Consumer Rights Protection Law,including in Chapter V,the functions of consumer associations,and in Chapter VI,the settlement of disputes.Improve the social cognition of the system and provide clear guidelines for consumer rights protection.Fourth,we need to strengthen the interface between litigation and mediation through the application of specially invited mediation and the establishment of docking platforms.In the construction of the procedure,consumers should be allowed to apply unilaterally and increase the qualifications of the applicants of consumer associations,set a flexible application period,determine the examination method,and the parties ’remedies.It combines the provisions of principle with the provisions of refinement,makes the provisions of principle at the legal level,and issues the corresponding provisions of judicial interpretation,administrative regulations,and local regulations for refinement,so as to enhance their operability.