On The Discussion Of The Peoples’s Mediation Agreement Judicial Confirmation

The people’s mediation agreement is the consensus of the dispute parties, it dependon dispute parties perform this agreement consciously. When the people’s mediationagreement by the parties to no longer perform consciously, the people’s court canbased on their state’s force through judicial confirmation to backing mechanism ofpeople’s mediation agreement compulsory execution. The judicial confirmationmechanism is the important link of the cohesion of legal and non-legal disputeresolution mechanism, is the state of the dispute settlement mechanism innovationdevelopment. But there still exist some flaws need to make it clear, such as thecharacter of people’s mediation agreement, the nature is regulated as contract by In2002the supreme people’s court on the trial of civil cases involving people’smediation agreement of the several provisions. In2010The supreme people’s court onthe trial of civil cases involving people’s mediation agreement provisions Stipulates itas civil contract, and for its performance, in year2011, the People’s Mediation Law ofthe People’s Republic of China (hereinafter referred to as the people’s mediation law ")to enforce directly the force, we can affirm the people’s mediation agreement is thenature of the mediation with the spirit of contract documents.In this paper, i analysis judicial confirmation of the object, find the nature ofpeople’s mediation agreement is the mediation of the spirit of the contract instrument.By analyzing the administration of the justice program, find the nature of the judicialconfirmation is Non-lawsuit process, article33of People’s Mediation Law, itstipulated to people’s mediation agreement may apply to the people’s court for judicialconfirmation, and the people’s mediation agreement have more detailed regulations,and it laid the foundation for judicial confirmation. In the supreme people’s court onpeople’s mediation agreement judicial confirmation process of the severalprovisions(hereinafter referred to as the several provisions ") given a further detailabout the people’s mediation agreement judicial confirmation process, made the scopeof judicial confirmation, object and subject, etc, settled down, it provided the basis forpeople’s mediation agreement of strengthen effectiveness. But through the carefulanalysis of the several provisions of all content, there still are defects andshortcomings at the same time with the ability of resolving disputes. The author bythe earnest scientific attitude and puts forward the suggestions for improvement,hoping pave the road for the people’s mediation agreement judicial confirmationmechanism, and providing valuable methods for the dispute resolution.