Judicial Relief Involving People's Mediation Agreements Cases

People's mediation agreement is a special civil contract.Any mediation agreement reached by the People's Mediation Committee in accordance with the law is legally binding,but there is no enforcement power.Judicial review of people's mediation agreements includes two aspects of judicially recognized non-litigation proceedings and related dispute resolution proceedings.Whether or not judicial confirmation is used as a classification of these cases facilitates the study of relevant disputes.From the people's mediation to litigation,it is one of the manifestations of "suiting and docking".In this process,how to determine the object of action of the case is related to the determination of the outcome of the mediation,which involves the rationality of the proceedings and affects the smoothness of the docking mechanism.The general theory of the object of action is the old substantive law theory,with the “controversial civil entity legal relationship or substantive claim” as the identification standard of litigation.The object of action involving people's mediation agreements cases has become the core of the study of judicial relief procedures.Cases of people's mediation agreements that have not been confirmed by the judiciary account for a large proportion of the cases involving people's mediationagreements,and most of the disputes have arisen in the mediation agreements that have been reached,corresponding to the lawsuits of confirmation,payment,and formation.In addition,there are a small number of cases that dismiss the law after the judicial confirmation of the application.In the case of a dispute arising from a mediation agreement that has been reached,a lawsuit to confirm the invalidation of the mediation agreement is usually filed under the “contractual legal relationship in the people's mediation agreement”.However,the claim and the attack defense of the party involve the original dispute.At this time,the confirmed lawsuit is converted into a lawsuit for payment,and the object of action remained unchanged,and the scope of the trial was extended to the original dispute.When a party files a lawsuit for the payment of a mediation agreement,it usually uses the “claim right of the entity in the people's mediation agreement” as the object of action.In the course of the litigation,the defendant defended against the invalidity or revocability of the mediation agreement,and the defense itself didn't change the object of the action,but the scope of the trial was extended to the original dispute.When a party files a lawsuit requesting a change or revoking the formation of a mediation agreement,the “revocation right of contract in the people's mediation agreement” is usually used as the object of action.However,if the plaintiff increases the claim for resolving the original dispute,based on the one-time dispute resolution consideration,the court will try the original dispute together,and the resulting litigation will be converted into a payment suit,and the object of action remained unchanged,and the scope of the trial was extended to the original dispute.In the case of dismissal after the judicial confirmation application,if the ruling of the people's court rejecting the judicial confirmation application contains confirmation of invalidation of the mediation agreement,the object of action is “the legal relationship or substantive right of the civil entity in the original dispute”,otherwise it is “contractual legal relationship or substantive rights in a mediation agreement.”In the case of judicially confirmed people's mediation agreement,the law stipulates that the parties and the outsiders may object to the judicial confirmationruling,and the outsider may also file a lawsuit to execute the objection under the conditions stipulated by the law.The procuratorate can conduct prosecutorial supervision of judicial confirmation of non-litigation proceedings based on the right of legal supervision.In the case where the party or the outsider raises an objection,the judicial review of the court is a judicial confirmation ruling and does not involve the original mediation agreement.In the case where the outsider filed an objection to the execution of the objection,the object of action shall be deemed to be “the right to exclude the enforcement of the subject matter in the execution of the ruling”.The prosecution's legal supervision of judicial confirmation of non-litigation procedures includes both the application of the procedure in judicial confirmation and the supervision of the people's mediation agreement,as well as the supervision of the judicial confirmation of the enforcement of the ruling,as well as the supervision of other illegal acts clearly stipulated by law.It is necessary to perfect the judicial relief procedures for people's mediation agreements cases.The object of action is closely related to the “post-ability” principle of the scope of prosecution and the “one-off” principle of court trials,both of which are related to the realization of litigation efficiency.At the same time,with the development of a diversified dispute resolution mechanism,the demonstration effect of the people's mediation from narrow to broad sense is obvious to all.In addition,the smooth communication between the people's mediation and litigation is the effective effect of the perfect dispute resolution mechanism.For cases that have not been confirmed by the judiciary,if the parties are allowed to sue the original dispute,it will not only cause a waste of judicial resources to a certain extent,but also conflict with the concept of guaranteeing the value of people's mediation in Article 32 of the People's Mediation Law,and make the docking of the people's mediation and litigation in a disorderly state.Therefore,the legislation should limit the object of action in litigation cases and strengthen the guidance of judges in judicial practice.For cases that have been confirmed by the judiciary,there are somespecific procedures in the existing relief procedures,and the outsiders may not be able to bring damages to the results of malicious damages.This should be based on the application of the rules for the application of the remedies for opposition procedures.The conditions applicable to confirm the invalidity of the mediation agreement shall be supplemented with the opposition procedure.