Study On Judicial Confirmation Program Of The Civil Procedure Laws’ In China

Since its establishment in our country, the people’s mediation is considered to be a legal system with Chinese characteristics, to mediate any disputes is the key of the diversified disputes settlement mechanism, the mediation organization make the conciliation agreement, its validity is the key to resolve the dispute, but due to the lack of legal compulsion conciliation agreement effective safeguard, the conciliation agreement often become a dead letter, can’t achieve the goal of solve the disputes. The Civil Procedure Law of the People’s Republic of China which came into force in January1st,2013aim to affirm the effect of people’s mediation, give enforceability to people’s mediation agreements, and guarantee the effective linkup between people’s mediation and justice. Judicial confirmation process in our country from the people’s mediation agreement application subject, protocol application procedures, the people’s court accepts the conditions, the people’s court to review the scope and validity of mediation agreement provisions on strengthening the effectiveness of the mediation, promote legal and non-legal dispute resolution mechanism of reasonable cohesion, in order to reduce the pressure on the judgment of the court, the judicial confirmation system has the safeguard the legitimate rights and interests of the parties, the function of saving judicial resources, improve the judicial efficiency., of course, because our country has just set up the judicial confirmation process system, it is still insufficient, the judicial confirmation process defects is shown as: The judicial confirmation procedure is incomplete; The main body of acknowledging applications are too limited; The judicial confirmation standard review; The judicial confirmation range is too narrow; For the relief mechanism of the parties lack and so on. To solve above is insufficient, consummates our country the judicial confirmation process measures mainly include: expanding the scope of the judicial confirmation for subject; Clear review form is given priority to, to two or morethings examination as to substance examination standards; Expanding the scope of the judicial confirmation; Improve the ability of handling disputes mediation organization and level, and establish an effective remedy mechanism of error correction.