On The Perfection Of Judicial Confirmation System Of Mediation Agreement

Judicial confirmation system of mediation agreement is an important civil litigation system in the contradiction dispute resolution mechanism that connects Chinese litigation and non-litigation.The court uses the civil jurisdiction to confirm the legal effect of the mediation agreement through judicial confirmation procedures,so that the confirmed mediation agreement is enforced.The judicial confirmation system of the mediation agreement has given strong support and guarantee to the people’s mediation work,and it is also the judicial relief and judicial guarantee for the parties.It caters to the traditional thinking of China’s harmony and is also in line with the idea of building a socialist harmonious society.This fast and efficient dispute resolution method not only saves judicial resources,but also reduces the burden on the courts to hear civil cases.At present,the grass-roots courts around the country apply the system every year to try some mediation agreements to apply for judicial confirmation cases.However,in judicial practice,some people borrowed from the court to apply for judicial confirmation of this legal civil procedure,and the act of false judicial confirmation was implemented,that is,malicious collusion between the two parties before or during the judicial confirmation of the mediation agreement,or one of the actors Fictional facts,concealing the truth,deceiving each other,and applying for judicial confirmation by reaching a people’s mediation agreement,attempting to use the court’s judicial jurisdiction to infringe on the legal rights of third parties or evade legal obligations.As a false lawsuit,false judicial confirmation occurs in judicial practice.This not only damages the legitimate rights and interests of the parties or interested parties,but also seriously wastes judicial resources and damages the judicial prestige.China’s mediation agreement judicial confirmation system has legal provisions in terms of starting procedures,application scope,review methods,remedies,and legal effects.However,there are still false judicial confirmations in judicial practice.The main reason is the mediation agreement.The confirmation system itself has defects,including the scope of judicial confirmation is not clear,the subject of judicial confirmation application is too limited,the loopholes of the court’s review of the mediation agreement,and the imperfect provisions of the law on the judicial confirmation of errors are not perfect.In addition,other reasons for false judicial confirmation,such as the problems of the people’s mediation system itself,the quality of mediators and judges are not high,the supervision and management mechanisms are not in place,the internal assessment mechanism of the grassroots courts is unreasonable,and some lawyers lack professional ethics.From the perspective of preventing false judicial confirmation,starting from perfecting the judicial confirmation system of mediation agreement,and drawing on the similar system of extraterritorial domain,it is necessary to further improve the judicial confirmation procedure of mediation agreement in legislation: determine the mode of judicial confirmation;determine the legal basis of mediation agreement Clearly stipulates the evidence for reviewing the mediation agreement;expands the scope of the mediation agreement that allows for judicial confirmation;relaxes the conditions for the subject to apply for judicial confirmation;extends the time for applying for judicial confirmation to 60 days,and so on.At the same time,legislation to improve the people’s mediation system.In response to other reasons for false judicial confirmation,four countermeasures are proposed: one is to improve the overall quality of mediators and judges,the other is to improve the evaluation mechanism of judges,the third is to improve the supervision and management mechanism,and the fourth is to strengthen the punishment of lawyers for illegal activities.