| Weiyuan County is the first place where to test the Judicial Confirmation System. From2007began the trial, to have written to People’s Mediation Law and Civil Procedure Law, the Judicial Confirmation System for continuous improvement and maturity on the legislation.It has become an important judicial system in our country. But Weiyuan County People’s Mediation and judicial confirmation of the data shows that the judicial system in practice to confirm the operation and unsatisfactory. For example, the number of civil and commercial disputes before the Court did not fall, for the case to the Court of Justice confirmed that adds an extra burden. So, faced with the dilemma of Justice confirmed the value of the system is difficult to achieve. The reason, both from institutional and practical level. Institutional level reasons:to apply for judicial confirmation of mediation too harsh provisions for judicial confirmation process is not clear, confirm the results of the mediation agreement may hinder people’s access to opportunities enforceable judicial system to confirm the nature of the mediation agreement is difficult to break the limitations of the people. Practical level reasons:the people’s mediation system is not perfect, indeed tune docking channel is not smooth, the executive power of improper intervention and so on. Through in-depth analysis, this paper improve the system design, operating two aspects of normal practice, made a number of suggestions and comments. On the one hand, to make sure vacant judicial system from the text of the provisions on the legislative level. Proposed to relax the conditions to apply for judicial confirmation, clear judicial confirmation process, the establishment of the court shall confirm the conversion process, the clear effect of the properties of people’s mediation agreement. On the other hand, in practice, to regulate people’s mediation operation, smooth tone indeed docking channels, regulate administrative power to intervene. |
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