On China 's Judicial Confirmation System

Along with the increasing social contradictions and the disputes becoming more complicated and diversified in recent years, the court is facing the plight of "litigation explosion". There was a new judicial system born in China which called “judicial confirmation system”. This system was filled with Chinese characteristics, and was invented by the court of ourselves’ country own. After years of trial and practice experience, it has been formally identified by the new civil procedure law in 2012. Judicial confirmation system confirmed the effectiveness of the civil mediation agreement directly by giving the court power of judicial confirmation. If the agreement has been confirmed by the court, and the obligations of the parties refused to perform or not fully perform, then the other party will have the right to apply to the court to enforce the mediation agreement in order to achieve their interests. It achieved effective connection of litigation and non-litigation in law, and greatly reduced the stress of the court and the litigation fatigue of the parties. What’s more, it also stabilize the whole order of the society.In this paper, by studying the meaning of the judicial confirmation system, exploring its background, including history, culture and social reality demand factors, we want to analyze its theory value and legal basis. At the same time, through comparing to the foreign related system, we will further explore the procedures, legal effect of the judicial confirmation system in our country. Of course, there still exist some defects such as inadequate understanding of the related personnel,the imperfect legislation and lacking of special channel of the judicial confirmation and so on. Finally we will put forward some suggestions about perfecting the judicial confirmation system.