Research On The Right Relief System Of The Outer Party In The Judicial Confirmation Process

The right relief system of the outer party in the judicial confirmation process, is refers to the outsider in the judicial confirmation process in their legitimate rights and interests are confirmed by the judicial confirmation process to make the conciliation agreement ruling constraints to be abnormal implementation, through certain judicial procedure to restore and implementation. As the judicial confirmation process legislation of China and related regulations introduced step by step, gradually increasing in judicial practice, the right remedy for an outsider case also increasingly common. As the judicial confirmation process for the case with the method of "review", efficient and convenient to mediation agreement of deterministic force and executive force, to a certain extent, easy to cause the conciliation agreement content and damage the interest of an outsider. The design that the right relief system of the outer party in the judicial confirmation process content of the existing system in our country, remedies lack of specific operational procedures, there are many relief way and applicable law of chaos, these problems hindered an outsider to the reasonable relief of their rights, also had a negative impact on the justice fairness and judicial authority of the judicial confirmation process. Therefore, the study and establish on the right relief system of the outer party in the judicial confirmation, to promote the judicial confirmation process orderly development in our country, is very important and urgency. In spite of the judicial interpretation of the civil procedure law in2015has further defined the right relief system of the outer party in the judicial confirmation process, but the existing specifications vague in relief way operation mode, did not rise to the law level, also there are exceptions such as an outsider cannot use rules for effective right remedy. In this article, through clear judicial confirm the validity of the ruling and grasp the nature of the judicial confirmation process, based on principles of honesty and credit, right relief and due process, comprehensive utilization of existing laws and regulations allow range applicable remedies, put forward relief applicable rules and relief path design that to an outsider objection is given priority to, confirm the conciliation agreement invalid lawsuit is complementary, the objective is through specific remedy program design, to give an outsider chance to express their views in the judicial confirmation process, reduce the threshold for an outsider right remedy. In addition,the public for registration information platform, the written judgment as the matching rules can expand the channels of information, guarantee the right to know, also can reduce the generation of an outsider rights infringement from the side.