The Existing Problems And Perfection Of Judicial Confirmation Procedure

As an important dispute resolution method,people's mediation mainly relies on people's mediation agreements to play a role.However,according to the current legislation,the effectiveness of people's mediation agreements is not mandatory.In current theory and judicial practice,people's mediation agreements are only given to people's mediation agreements as civil contracts.Therefore,its effectiveness is extremely unstable,which is not only not conducive to one-time dispute resolution,but also not conducive to maintaining the authority and stability of the people's mediation system.The judicial confirmation procedure,as one of the diversified dispute resolution mechanisms,is an important bridge connecting mediation and litigation.It can endow the people's mediation agreement with the same enforcement effect as the litigation judgment document through judicial review.In other words,if the court makes a judicial confirmation ruling through review,the ruling already has the same legal effect as a civil judgment.The ruling made by the court and the people's mediation agreement directly apply to the court for enforcement.This procedure not only facilitates the diversion of court cases and reduces the pressure on judges to handle cases,but can also directly or indirectly force the continuous improvement and development of the people's mediation system.Since the pilot project,it has received widespread attention from the society.After combing through the current effective legislation,it is not difficult to find.Nevertheless,as a newly established judicial procedure,from the trial to the entry of the law to today The development history is only a few decades,and there are still many shortcomings in both theoretical and judicial practice levels.For example,the nature of the procedure is not clear,the subject and time conditions of the application are too strict,relying on formal review and ignoring substantiveness The review and voluntary review standards are vague,the problem of false judicial confirmation is serious,and the relief measures are not perfect.Therefore,based on the analysis of these problems and their causes,we try to propose some solutions,such as clarifying the classification theory behind the nature of the procedure.Clarify the nature of its non-litigation procedures;on the basis of national conditions,learn from the experience of foreign results,appropriately relax the initiation conditions of the procedure,and expand the scope of substantive review;combine objective and subjective standards to develop a voluntary standard that is more biased toward objective standards Review standards;clarify the analogy mechanism for the punishment of false judicial confirmation cases,focusing on the review of high-risk cases;establish and improve the judicial confirmation error remedy mechanism,and try to propose different remedies for different subjects.