Research On "the Judicial Confirmation"

With our country entered the period of social transformation, social disputes explode andpresent diversity and complexity. The justice is just one approach of solving civil disputes.Conciliation, mediation, arbitration and other modes of ADR (alternative dispute resolution)play a role in diverting disputes. This is not only easy to reduce litigation pressure, but alsofor citizens to choose their own dispute resolution. Litigation and ADR (alternative disputeresolution procedure), each have its system advantage, each other mutually support is ourcountry the judicial reform. In gradually establishing and improving the lawsuit, the judicialconfirmation is an important measure. The effectiveness of the mediation agreementconfirmed by way of judicial review. Therefore, the judicial confirmation revitalizes themediation. Not only makes the mediation agreement enforceable, but also has a guiding rolefrom the judicial perspective on the mediation work. This paper is based on our country’sjudicial status, not only uses the research method of concept analysis, the functional analysisand comparison with foreign countries, but also focuses on empirical research, which meansanalysis the status quo of this system with use data and cases through practical proceeds. Inthe background of modification of the civil procedure law, discuss the judicial confirmationPerfection.This article includes four parts:The first part deals with the basic issue of this system. First, clarify the developmentcourse of the system in China. Then, Compare the United States, Japan, Germany and Taiwanof similar system to confirm the judicial confirmation system with the worldwide judicialreform tide. Thirdly, the right of disposing of the party, the status and function of the courtand use ratio of this system has been discussed. Finally, further elaborates the judicialconfirmation the concept, characteristics, nature, in the comparison presents the author of hisideas.The second part answer a question Why do you choose this program and whyconstructing the system. From view of the parties, the article focuses on the judicialconfirmation of the institutional advantage. Then, with the costs and benefits of economicsperspective, the judicial confirmation process is more economical, compared with theordinary procedure. From the judicial and social efficiency, recite the judicial confirmationfunction and value to emphasize the necessity of the system. It attempt to handle thecontradiction between the increasing demand for litigation and judicial resources are limited reform measuresThe third part, from the angle of the legislation and the operation, this paper analyzessystem present situation and difficulties. Between the legal documents exist the contradictionand the lack of a lot. Finally, through contrasting the implementation of Gansu and Sichuan,prove the feasibility of the judicial confirmation and find some reason of obstacles.The fourth part presents the perfect judicial confirmation process ideas, based on theabove survey and analysis. In order to respect the parties of autonomy and achieve judicialconfirmation process’s purpose, the procedures shall be perfected in scope, mode of review,legal documents form and so on. So as to this system truly is able to play its effectiveness andvalue.