Research On The Judicial Confirmation Procedure Of People’s Mediation Agreement

People’s mediation is an important form of dispute resolution in my country.It has the characteristics of reaching the masses,being more grounded,and flexible.It plays a unique role in the rapid resolution of social conflicts and disputes.It can be called the first line of defense for dispute resolution.The judicial confirmation procedure of people’s mediation is based on the basic framework of maintaining the original people’s mediation system,and after the review and confirmation of the court,the people’s mediation agreement is endowed with compulsory enforcement power,not only enhances the credibility of people’s mediation,but also solves the problems that restrict the development of the people’s mediation system.The judicial confirmation procedure of the people’s mediation agreement is an innovation on the basis of practice.It strengthens the effectiveness of the people’s mediation agreement and corrects its variability.The legal effect of the mediation agreement is guaranteed by the court’s enforcement power,realizing litigation and disputes.The effective connection of litigation,people’s mediation and justice,the value of people’s mediation has been brought into full play,and the diversified dispute resolution mechanism has been further developed and improved.The judicial confirmation procedure of the people’s mediation agreement is being continuously improved,and the progress made is obvious.The theoretical exploration of scholars and the practical exploration of the practitioners have effectively promoted the progress of the judicial confirmation procedure of the people’s mediation agreement.However,the construction of the rule of law in our country is under the background of continuous improvement,especially in solving deep-seated contradictions.On the one hand,the current laws do not provide very specific and clear provisions on the judicial confirmation procedures of people’s mediation agreements;on the other hand,in practice,false judicial confirmations are frequent,and there is no special part and personnel to review judicial confirmation cases.Is also a problem that needs to be studied and solved.After analyzing the status quo of the judicial confirmation procedure of the People’s Mediation Agreement in my country,this article puts forward some suggestions for its shortcomings.Specifically,in the process of writing this article,the full text is divided into five parts based on needs.The structure and content of the full text are as follows:The first part is the current legislative status of the judicial confirmation procedure of the people’s mediation agreement.This part provides a legislative description of the judicial confirmation procedure from seven aspects:jurisdiction,application,acceptance,review,ruling,execution,and relief,and evaluates the legislative situation.The second part is the current practice of the judicial confirmation procedure of the people’s mediation agreement.First,through the interpretation of two typical cases,we discover some of the problems in the judicial confirmation procedure of the people’s mediation agreement in judicial practice,and then describe the application status of the judicial confirmation procedure of the mediation agreement,based on the data of some judgment documents of a basic court in a certain city Analysis,so as to study the implementation of judicial confirmation procedures and analysis of reasons.The third part is the investigation and reference of similar procedures outside the territory.First,it introduces the procedures similar to the judicial confirmation of the People’s Mediation Agreement in my country,namely,the court-attached mediation system in the United States,the court-attached mediation system in Japan,the compulsory pre-litigation mediation system in Germany,and the judicial approval system of mediation documents in Taiwan.From the aspects of mediation mode,mediation organization,enforcement power,and court review,it analyzes the lessons for my country from similar procedures outside the territory.The fourth part is the double obstacle of the judicial confirmation procedure of the people’s mediation agreement.First,analyze the improprieties of the judicial confirmation procedure of the people’s mediation agreement from the three directions of the legislative case application scope,initiation conditions,and review standards,and then analyze the three aspects of false judicial confirmation,review subjects,and the quality of personnel and people’s mediators.It analyzes the problems encountered in the judicial confirmation procedure of the people’s mediation agreement in practice.The fifth part is the double optimization of the judicial confirmation procedure of the people’s mediation agreement.This part is the improvement measures proposed in response to the issues mentioned in the fourth part,such as clarifying the scope of application of the case,broadening the starting conditions,setting up a special review department and personnel,etc.,and putting forward some specific suggestions of its own.