The Consummation Of People's Mediation Agreement Judicial Confirmation Process Outsiders Relief Channels

Judicial confirmation process push the development of the dispute settlement mechanism which link up the litigation and non-litigation,at the same time,the problem of malicious judicial confirmation has become increasingly prominent.The new "judicial interpretation" aprovides unified relief mechanism for special procedure,but it can not be effectively protected outsiders rights in judicial confirmation process.This article focuses on did not enter the implementation stage judicial confirmation process cases,hope that giving consummation of judicial confirmation process in outsiders relief channels on the basis of existing laws.There are four chapters in this article:The fist chapter introduces a practical judicial confirmation process case,reflects the confusion of Judges apply the law and the limitation of the new"judicial interpretation",extracts some problem to be solved in this article.The second chapter combs the legislative evolution and practical development,clear that our country legislated about the judicial confirmation process in outsiders relief only two ways,apply for cancellation and raise objections.However,there are many ways appear in practice,such as the third person to withdraw the complaint,retrial,procuratorate protest and so on.The third chapter generalizes many problems from field research and data collection.The first is imperfect legislation and judicial disunity.The law does not prescribe the procedure for making a new ruling.In practice,various modes simultaneously exists.The second is chaotic knowledge about the nature.Different understandings of nature lead to the confusion of applicable laws.The last aspect is insufficient relief on outsiders for judicial confirmation.Performance for outsiders' entity dispute cannot be solved at one time,the judicial confirmation process unsupervised from the civil procuratorial,there is no clear stipulation on compensation for damages to outsiders.The last question is the law does not completely block the way for outsiders to directly sue,existing relief channel is in danger of being overhead.The fourth chapter makes some suggestions of judicial confirmation process in outsiders relief channels.Firstly,giving judicial confirmation award negative res judicata,ensure outsiders use special procedural remedies rather than bring lawsuits,eliminating the danger of the current relief channels being overhead.Secondly,clearing judicial confirmation process is atypical non-litigation proceedings,the design of the relief system can be handled flexibly under the uniform provisions of special procedures.Thirdly,if objection is not established,the case shall be dismissed directly;if the objection may be established,it shall be submitted to the judicial committee for discussion and decision.Fourthly,when outsiders request to deal with an entity rights dispute,the court can combine the revocation request with the entity request,resolve once and for all.Lastly,if outsiders' objection was dismissed,they can apply for procuratorial supervision.