The Application Of The Judicial Confirmation System Of Non-litigation Mediation Agreements

The judicial confirmation system of non-litigation mediation agreements(here it is referred to as the judicial confirmation system) is an important part of the litigation and mediation convergence system, is the innovation of the judicial system in China. The establishment of the system makes the non-litigation mediation agreements enforceable, breaks the situation of the non-litigation mediation agreements’ effect is not high. Since the implementation of the new "Civil Procedure Law", the grass-roots courts throughout the country use the judicial confirmation system in different degrees. However, the current laws and judicial interpretations only make the principle and general provisions for the judicial confirmation system. Through inquiring related materials and cases, the author found that there is still a gap between theory and practice, the judicial confirmation system is our country after practice accumulation of original a judicial system, the running time is not long, the relevant theoretical research is not sufficient, so the relevant judicial confirmation system applicable scope, the jurisdiction of the court, starting mode, review of the way and standard and relief and so on a series of problems to be further discussed. Through the analysis to wrap around the court in the judicial application of confirmed accumulation system mode of experience, this paper thinks that we should apply rules continue to make perfect the judicial confirmation system, establish a more reasonable mediation and litigation cohesion mechanism.From the value of existence of judicial confirmation system, this article expounds the judicial confirmation procedure, the existence of the system and the suitable process conditions applicable to the problems, and finally puts forward to improving the judicial confirmation system. Besides preface and conclusion, this article consists of five parts.The first part, analyzing the existence significance of the judicial confirmation system: one, safeguarding the legitimate rights and interests of the parties, two, expansion the judicial authority, three, improving the judicial resource utilization, four, providing the powerful support and safeguard with the grass-roots mediations, five, improving the diversification of the dispute settlement mechanism.The second part, elaborating the judicial confirmation system operation procedure, including the applicable scope, the jurisdiction of the court, the startup mode and review, a comprehensive introduction to the judicial confirmation system operation process.The third part, summarizing the experience of Gansu Province, Zhejiang Province, Dingxi City, Hunan Province through the comparative analysis, as the representative of the court for judicial confirmations. Pointing out the influence factors of Judicial Confirmation Cases: first, conscientiously carry out the efficiency of litigation mediation outside the agreement; second, the judicial confirmation system familiarity and acceptance; third, the judicial confirmation system itself procedure rationality. The other list, through the research to the concrete case, and points out that the practice of the problems: 1, the judicial confirmation of the existence of a large number of irregularities in the process of writing award, national no unified standard. 2, the relevant judicial confirmation case review mode and review standards are not unified. 3, confused with the proceedings. 4, to the parties and the outsider rights protection more confusion.The fourth part, based on the above analysis, pointing out the judicial confirmation system in the practical application of the existing problems in the process: one, the scope of application and the jurisdiction of the court is not reasonable, two, startup mode of judicial recognition of questionable, three, the judicial confirmation review mode and standard of review is not clear enough, four, the judicial confirmation of the award res judicata is not clear, five, the parties and outsider relief is insufficient;, six, the judicial confirmation many nonstandard phenomenon exists in the formulation of the arbitral award, seven, some courts not enough emphasis on the judicial confirmation system.The fifth part, perfect the judicial confirmation system construction path. This part proposes the corresponding countermeasures from three aspects. A lawsuit mediation agreement is clear outside the judicial system operates on the principle of confirmation, two is clearly outside the litigation mediation agreement judicial confirmation system concrete application, three is the propaganda guidance.