The Research On Judicial Confirmation Of Mediation Agreement

Mediation system is a legal system of Chinese characteristics of mediation of civil disputes, it has flayed an important role in the process of reducing disputes. However, under the control of the influence of limited effectiveness mediation agreement, the development of the mediation system in recent years changing slowly.<The law of the People’s Republic of China on the people’s mediation law> article33people’s mediation agreement,in the first time, it in the form of legislation the judicial confirmation system, it clear prevents that the people mediation and civil litigation is one of the most important measures. In order to further clear and strengthen that civil litigation and mediation of cohesion, August31,2012, the11th the28th session of the standing committee of the Chinese people’s congress passed the civil procedure law amendment (2012)(here in after referred to as the "2012civil amendment"). This amendment in civilian method based on the chapter15new add the provisions of section6the "confirmation conciliation agreement"(article194).And <amendments in2012civil> in article194has used of the words "in accordance with the law of the people’s conciliation and law", so we can know that, not only conciliation agreement can apply for the judicial confirmation,but also may be a commercial mediation, administrative mediation, industrial mediation agreement,and so on. This rule is the affirmation, of previous related judicial interpretation, judicial policy and continue, at the same time, it also is a kind of legislative technology----open way of legislation, for commercial mediation, administrative mediation, industrial mediation agreement legislation retained the judicial confirmation keep up a door to develop. It shows that, with the development of social economy, the diversification of the diversity of dispute and dispute resolution mechanism becomes an inevitable trend. Especially litigation system of judicial mediation agreement confirmed as diversified dispute settlement mechanism of the "wave" one key links, just for it carries on the deep theory research and legislation is particularly important. It is helpful to establish Judicial confirmation system for our country to develop the rule of law construction and social developments, and it is beneficial to the judicial efficiency, can reduce the pressure on the court’s cases, to the masses, at last it can promote the mediation organization of boost the enthusiasm of the mediation organization, and better protect the lawful rights and interests of the parties. At the same time, the lawsuit mediation agreement judicial confirmation system still can be regarded as a young and immature system, in the relevant theoretical basis and the system design, there are still have some problems and defects. In terms of the present judicial confirmation system, there still exist the following problems. For example, in the legislative level is provided in the application subject to apply, this created obstacles to the parties for the judicial confirmation; on the judicial confirmation process due to the scattered rules led to in some program exist some conflicts; on the judicial confirmation of relief for the relief an outsider did not give clear rules and protection. At the practical level, it prevents that the court for mediation organization lack instructions directions, lead porous mediation activities exist some errors. However in the field of mediation organization, due to its as a folk organization, legal level is not high, its personnel staff quality is good or bad are interming, lead to mediation activities insufficient standard, produces false mediation, lack of some credibility. Therefore, after in the study of using the experience of some scholars predecessors’ articles, I write this article hopes to roughly discussed about "conciliation agreement judicial confirmation system".