Empirical Research On The Judicial Confirmation Procedure Of The People’s Mediation Agreement

judicial confirmation procedure of the people’s mediation agreement not only is a way of resolving disputes via parties’ consensus,but also is a means to improve the judicial efficiency and establish the judicial authority.The key point of this paper is the problems existing in judicial practice and procedure setting in judicial confirmation procedure of people’s mediation agreement,this paper takes the empirical research and the theoretical research as the research method,analyzes the theoretical existence dispute and in the practice process existence question.In terms of theoretical research,this paper discusses the positioning and procedure setting of the judicial confirmation procedure of people’s mediation agreement in the level of civil procedure law by analyzing the viewpoints of scholars.Academic controversy mainly has the following four points:first,to the judicial confirmation process of lawsuit and accusing the application controversy was analyzed,and the thought of traditional legal theory of dual separation applicable program cannot simply apply to the judicial confirmation process,and should,according to the particularity of it using staggered applicable theory to explain,however,due to the characteristics of the non-prosecution procedure in the procedure setting,according to the actual definition,the non-prosecution procedure is applicable.Secondly,it analyzes whether the judicial confirmation of the written order has res judicata.It holds that the existence of res judicata cannot be generalized.According to the connotation of res judicata,it is appropriate to consider that the judicial confirmation of the written order has part of res judicata.Thirdly,it analyzes the dispute of the court review,and believes that the way of the court review is entity review.Fourthly,the author analyzes the disputes over the initiation of the procedure and thinks that the judicial confirmation procedure can be started as long as the expression of agreement within the context of common application.In addition,through empirical research,900 effective judicial confirmation orders were randomly selected and investigated,and the main problems were summarized.It was believed that the error of people’s mediators and review judges was the cause of the wrong decision.Considering that the standardization of judicial confirmation orders can be improved by enhancing the legal literacy of people’s mediators and refining the court review procedures,meanwhile,it is believed that the judicial confirmation order should be made public on the Internet conditionally,and the judicial openness should be used to urge the solution of the problem.The first part is the introduction of cases and problems,through the typical cases lead to judicial confirmation of the writing of part of the problems.The second part is the theoretical analysis of the judicial confirmation procedure of the people’s mediation agreement,including the litigation and non-litigation procedure,res judicata,review mode,start mode of the dispute.The third part is the empirical research on the judicial confirmation procedure of the people’s mediation agreement,it puts forward the problems existing in practice,including the single application method and the closed judicial order;then,taking the effective written order as the sample,the problems and reasons existing in the judicial confirmation of the written order are summarized.The fourth part is the reference for other countries and Taiwan.The fifth part is the theoretical response to the judicial confirmation procedure of the people’s mediation agreement and Suggestions for improvement.Firstly,it responds to the theoretical disputes mentioned above in theory;secondly,it proposes feasible solutions based on the problems mentioned above.