Problems And Countermeasures Of The Relief Of Outsider's Rights In The Case Of Judicial Confirmation

With the promulgation of China's "People's Mediation Law" and the promulgation of judicial interpretation of judicial confirmation procedures,the importance of mediation as a way of solving civil disputes in China has become more prominent.At the same time,cases of judicial confirmation of mediation agreements that damage the legitimate rights and interests of outsiders are becoming more frequent.There are a large number of cases of false mediation and malicious application for judicial confirmation to damage the interests of outsiders in judicial practice.There are two main reasons for this.First,the conciliation and judicial confirmation procedures are confidential.The court adopts a “review” method for judicial confirmation applications to give the mediation agreement enforcement effect.Although the “review” method has the characteristics of convenience and efficiency,it is to a certain extent On the other hand,it is easy to cause damage to the lawful rights and interests of the outsider.More importantly,it is difficult for the outsider to know the fact that the right has been violated because of failure to participate in the mediation and judicial confirmation procedures;The lack of responsibility tempts the criminals to take risks.Although the current legal regulations provide corresponding relief channels for the relief of the rights of outsiders in judicial confirmation cases,the existing relief channels are difficult to provide timely and adequate relief to outsiders.Therefore,it is necessary to further clarify the effectiveness of the judicial confirmation ruling.On the basis of the existing legal norms,the third party 's revocation action should be used as a supplementary remedy for the outsider 's objection system in the judicial confirmation procedure.On the basis of the supplementary approach to the relief of the rights of outsiders in judicial confirmation cases,design specific operating procedures,and specify the main conditions of the application for revocation,the object of revocation,the court of jurisdiction,the trial procedure,the burden of proof,the scope of application and the legal period,which is the judicial confirmation procedure Corresponding system guarantees are provided for the relief of outsider rights.In addition,improve relevant supporting rules,open judicial confirmation ruling documents,expand outsiders 'access to infringements,and protect outsiders' right to know;incorporate non-litigation fraud into the credit information system,and punish and warn those who falsely mediate Role;increase the cooperation between the court and the mediation organization,strengthen the professionalism of the mediation organization,etc.,and reduce the occurrence of violations of the rights of outsiders from the side,which is a good policy to protect the rights of outsiders in the case of judicial confirmation from the source.