| With the differentiation of social strata,the increasing number of complex and diverse civil disputes and the increasing tension of judicial resources.The court exercises the civil examination right through the judicial confirmation procedure to give the mediation agreement effect,and makes the legal enforcement instrument.It accords with China’s traditional thought of harmony from ancient times to the present,and also conforms to the concept of building the harmonious socialist society.In the reform process of the modernization of the rule of law in China,the diversified dispute resolution mechanism has become an important measure of judicial reform.The judicial confirmation procedure of mediation agreement,as a way of resolving disputes by mutual agreement,is also an effective means for the court to simplify and divert,improve judicial efficiency and establish judicial authority,and gives the parties timely and effective judicial relief and protection.This paper will take the issues that still existing in the judicial confirmation procedure as an entry point,combined with the construction of judicial wisdom,and integrate it into the integrated pattern of dispute resolution.And maximize its role its program functions.First of all,identify the basic theories.From the four aspects of gratuitousness,convenience,promote docking litigation and mediation,and the application of judicial technology,the significant advantages of the judicial confirmation procedure of the mediation agreement are highlighted.Secondly,it is demonstrated from two aspects: the nature of the procedure and the res judicata of the judicial confirmation ruling.Firstly,analyze the position of the judicial confirmation of mediation agreement in the civil procedure law.Secondly,explore the issue of res judicata in judicial confirmation rulings.Compared with ordinary judgment,the scope of res judicata of judicial confirmation decision has many particularity,but the legislation on this issue is not yet clear.Thirdly,learn from the experience of relevant countries and combine with specific practices,rethinking the problems that still exist in the judicial confirmation procedure of the mediation agreement,and provide references for the exploration and improvement of our judicial confirmation procedures of mediation agreements.Compared with other countries,our judicial confirmation procedures of mediation agreements still have many issues need to be addressed: the uncertainty of the review method and the phenomenon of false mediation;the initiator is too limited and the application period is insufficient;incomplete relief measures;jurisdiction issues and the insufficient construction of smart courts.Finally,the exploration is endless.This paper will continue to study in depth the issues that need to be solved in practice.The prospect of judicial confirmation procedure from the perspective of perfect system from receiving to jurisdiction to examination to relief,identify and manage false judicial confirmations.Further explore the construction of judicial wisdom within the people’s courts,fully understand the development trend and future prospects of the judicial confirmation procedure of mediation agreement,accelerate the in-depth penetration of smart technology and assist in all aspects of judicial adjudication.And put forward a humble view on the judicial confirmation procedure in the construction of wisdom court.And constrcted a complete theoretical system of judicial confirmation of mediation agreement. |
