The Study Of The Scope Of The Judicial Confirmation Review Mediation Agreement

The deficiency of people’s mediation agreement enforcement effectiveness, judicial practice has beenthe biggest barrier to hinder the v adjustable docking, as a result, through the judicial confirmation systemmake up for its effectiveness become the focus of attention, have to say in the civil procedure lawamendment as the judicial confirmation system include is a great progress, but the judicial confirmation ofa court to dominant, should how to confirm? Just rely on the civil procedure law the provisions of article195,194I’m afraid I can’t. The author after query related material and case, found many problems in theoryand practice, as the author mentioned in the first part of the article, because the judicial confirmation isChina’s domestic original, come out from practice, the practice time is not long, theoretical prepareadequately, caused in the practice of jurisdiction, excessive intervention confirm review into the situation oftrial; Review the content diversification; Do not have a unified examination standards. After confirm thesedirectly cause the parties reach a conciliation agreement, or to again and again to enter the confirmationprocess, or otherwise Sue, circulation, cause unnecessary waste of resources, also gives the time and moneyon a lot of inconvenience. Sum up these problems mainly concentrated in the review on the determinationof content and examination standards, but little about both academic writings. This paper mainly studies theconciliation agreement, to the judicial confirmation of audit based on the method of hermeneutics and theperspective of positivism, from two aspects of content and examination standards review analyzed thescope of the review. Full text is divided into four parts:The first part points out that the research in our country judicial settlement agreement to confirm audittheoretical basis and significance. From "the judicial settlement agreement to confirm the connotation ofthe scope of review","why do you want to study it" and "how to study" the three perspective, will reviewscope split to examine, think its including examination content and examination standards, should not bespecial to understand. Only review figure it out, the scope of judicial confirmation system can be moreperfect, so v adjustable docking bridge is open.Review in the second part mainly discusses the content, the task of judicial confirmation to thetheoretical circle about mediation agreement review detailed analyzes scope of debate. What think the court review content, can’t completely rely on the discretion of the judge, particular case is particular analysis.What for in-depth review of the conciliation agreement of what the original dispute, only examine thecontents of the conciliation agreement itself, the author thinks that can be used in a method, to determinethe need to further review the original dispute, this point I agree with professor resolutiion classificationanalysis, referring to the classification of v, the dispute of the settlement agreement should also be typed,compared with enumeration method so that avoid missing. At the same time, to be rejected andconfirmation to examine the contents of the mediation agreement is invalid or do only specific terms, theauthor thinks that the judicial confirmation to speak on the requirement of the non-lawsuit nature is notonly review the terms of the individual, because the required functions and powers doctrine non-lawsuitprocedure, the use of functions and powers doctrine exclusion party doctrine, if only to review some termsshall be regarded as the control scope of review.On analysing the three aspects of the controversy at the same time, the author from the perspective ofpositivism to censor content on the problems existing in the judicial practice has carried on the induction, intheory, a new application for whether the nature of the non-lawsuit general provisions of the final impact oftrial? In the practice of court review too harsh? Any system is not perfect, will never reach perfection. Sothe conciliation agreement the judicial confirmation road a long way to go, I think, we should understandjurisdiction extends from the Angle of the authority of the court, from a general perspective of thenon-lawsuit procedure, the rule of law both China national conditions, so that we will be tolerant aboutjudicial confirmation review content.The third part mainly discusses censorship standards, from the examination way of easy to beconfused, the analysis community to review standard of several kinds of the said, each have each view,each have advantages. The author thinks that should take its long fill their short, review for the mainstandard in the form, relating to the real right of a third person disposition rights for examination as tosubstance. This is not only to the third party interests, but also to safeguard judicial authority, promotesocial stability. In addition to practice, because of inadequate theory to judge discretion is too large, theproblem of abuse of authority of the judge attacked, think that should be set more reasonable performanceappraisal system of the judge. The fourth part summarizes define the scope of conciliation agreement judicial confirmation reviewabout the examination content and examination standards, think on the analysis of the problems can bedivided into two parts to analysis examination content and examination standards, but in the judicialconfirmation process of concrete to probe into comprehensive consideration scope of review to the two,because the two relations are mutual penetration influence each other.