A Discussion On The Improvement Of The Procedure Of Confirming Mediation Agreement

Along with the vigorous development of various industries in the new era and the full implementation of the reform of the registration system by the courts,limited judicial resources can no longer satisfy the settlement of social disputes.The number of civil disputes "exponential explosion" growth,so that the court in the case of lack of judicial resources cannot respond to the demands of the parties one by one.Due to the complexity and long-time span of the court proceedings,mediation has become the most important way in the diversified dispute resolution mechanism.It can not only provide a convenient and efficient way for the public to protect rights,but also protect the party autonomy.However,due to the lack of legal system guarantee in mediation agreement,the result of mediation does not have mandatory binding force.Because the procedural guarantee of judicial confirmation is weak,the authority of mediation agreement is also weakened.In 2012,the newly revised amendment to the ? Civil Procedure Law of the people's Republic of China ?(hereinafter referred to as the amendment to the ? Civil Procedure Law ?)added a section of "confirmation of mediation agreement cases" in the special procedures.This Law officially codified the judicial confirmation system.This provision is a confirmation and continuation of previous judicial interpretations and policies.With China's reform and opening are up into a new era and economic development is more prosperous.Diversity in conflicts and diversification of conflict resolution mechanisms have become an inevitable trend.The establishment of the judicial confirmation system responds to the needs of the people's courts at all levels to improve the docking mode of litigation and mediation,to ensure the effectiveness of the implementation of the mediation agreement,so that the court improves the judicial efficiency and effectively relieves the pressure of the judges to handle cases.However,there are still many legislative loopholes in the procedure of confirming mediation agreement.This paper studies the meaning,characteristics,nature and function of the mediation agreement procedure,studies the legislative evolution of the generation and development of the mediation agreement system in China,selects a variety of typical cases for analysis on the basis of studying and drawing lessons from the construction of relevant systems in France,Norway and Taiwan,and points out that the current operation of the procedure is faced with unclear scope of cases,imperfect reviewprocedures and applicants Some problems,such as too limited body,lack of preventive measures for false judicial confirmation,and imperfect relief measures when judicial confirmation is wrong,have hindered the parties' judicial confirmation.In order to better solve the above problems and promote the judicial confirmation process to play a more extensive role,the paper puts forward the improvement measures:expanding the types of mediation agreements that can be applied for,and requiring the mediation agreements to have the content of payment to clarify the scope of accepting cases.It is the key to ensure the fair application of this procedure to strictly stipulate the review procedure of judicial confirmation cases,to clarify the subject of review,to designate the court or the docking room for litigation and mediation to accept;to conduct a substantive and comprehensive review of the mediation agreement and to allow one party to apply for it.If the parties cover up the illegal purpose by means of judicial confirmation or infringe on the legitimate rights and interests of the third party,specific operating rules shall be formulated to ensure that the relief channels of the parties and the non parties are unobstructed.