The Judicial Confirmation Process Problems And Countermeasures In Our Country

With the increase of the number of litigation cases,mediation,as one of the diversified dispute resolution mechanisms,has become the choice of more parties.Judicial confirmation procedure improves the effectiveness of mediation agreement,promotes the connection between litigation and non-litigation to resolve disputes,reduces the litigation pressure of the court,optimizes the allocation of judicial resources,and reduces the cost of rights protection of the parties.The relevant legislation,judicial interpretation and judicial documents specifically stipulate the application of judicial confirmation procedure.However,there are different theories about judicial confirmation procedure,and there are still some dilemmas in judicial practice.There are great differences in applicable standards in our country.Therefore,this paper studies different theories and practical problems,and analyzes the reasons,in order to provide some ideas for the improvement of judicial confirmation procedures.In this paper,besides introduction and conclusion,is divided into four parts:The first part mainly discusses the legislative evolution,connotation,nature,value and judicial practice of judicial confirmation procedure.By combing the legislative evolution process of judicial confirmation procedure,the paper clarifies its changes in legislation and theory,discusses the concept of judicial confirmation procedure,briefly analyzes its characteristics,and defines its nature,which provides theoretical support for the analysis of the legal principles applicable to judicial confirmation procedure,the existing problems and puts forward countermeasures.The combing of the current situation of legislation and judicial practice can more clearly find the problems,and provide a targeted direction for putting forward suggestions later.The second part mainly discusses the problems existing in the judicial confirmation procedure and the reasons.From the perspective of practice,the judicial confirmation procedure mainly has the problems of unclear application scope,imperfect review standard,imperfect regulation of false judicial confirmation,and imperfect remedy ways for parties and outsiders,and analyzes the reasons from the perspective of norms and ideological literacy.The third part mainly discusses the jurisprudence applicable to the judicial confirmation procedure,introduces the litigation jurisprudence and non-litigation jurisprudence,and analyzes the connotation of "dual separation of application theory" and "staggered application theory".From the perspective of the practical development of judicial confirmation procedure,this paper analyzes the limitations of "dual separation application theory",the advantages of "staggered application theory",the concrete contents and matters needing attention of staggered application jurisprudence.The fourth part mainly discusses the measures to improve the judicial confirmation procedure.In the aspect of improving the application procedure of judicial confirmation,it has taken measures to expand the scope of application,broaden the starting method,perfect the jurisdiction,perfect the examination standard,standardize the artificial intelligence online review of judicial confirmation application,and put forward the perfect supervision mechanism from the perspective of preventing false judicial confirmation.In addition to the parties and the perfection of an outsider relief way,adopted a slightly different way,the parties may,according to a different level of relief assistance to the judicial confirmation order negative,being sentenced to force in order to make the rights of the parties to obtain the safeguard of the stability,for the perfection of an outsider relief way more meticulous,broaden the relief way that an outsider,and improve the mechanism for an outsider to apply for compensation.The perfection of the relief channels of the parties and the outsiders is conducive to improving the willingness of the parties to choose mediation to settle the dispute and apply for judicial confirmation to confirm the effectiveness of the mediation agreement.