Research On The Problems And Countermeasures Of Legal Aid Mediation Agreement In Judicial Confirmation

Since the exploration of people’s mediation and judicial confirmation in Dingxi county,Gansu province,judicial confirmation process has been gradually regarded as an important way to strengthen the effectiveness of non-litigation mediation agreement.In 2012,China’s civil procedure law was comprehensively revised to include a new judicial confirmation procedure,which has no precedent in the world and is a typical innovative localization procedure with Chinese characteristics.Upon judicial confirmation,people’s mediation agreement has the power of judgment and execution of judgment documents.As a part of the judicial system,a large number of mediation behaviors occur in the process of providing legal services for the recipients,and the mediation agreement is made on the premise that both parties agree.In practice,the effectiveness of legal aid mediation agreement is insufficient,which has become a fatal flaw that affects the credibility of legal aid mediation agreement and restricts the work of legal aid mediation.Due to the ambiguity of legal provisions and the inconsistency of social cognition,there are different opinions on the theoretical research and practical operation of whether legal aid mediation agreement can be applied for judicial confirmation.Therefore,it is necessary to demonstrate the legitimacy,rationality and feasibility of judicial confirmation procedure of legal aid mediation agreement.In this paper,comparative research method,combination of theory and practice research method and literature research method are used.This paper starts from the scope of judicial confirmation object,contrasting the people’s mediation and legal aid mediation object in our country,learn from foreign practices regarding mediation agreement enforced,using judicial confirmation system and the related principle of Res Judicata,combined with the Constitution,Administrative Law,Civil Procedure Law and other related knowledge,the conciliation agreement to apply for legal aid paper expounds the rationality and feasibility of the judicial confirmation,eventually prove legal aid can and should introduce the judicial confirmation.The introduction of judicial confirmation in legal aid mediation is conform to the trend of private law turn to public law,is the need of diversified governance,is the need of harmonious society,is the need to respect and protect human rights,and is conducive to give full play to the significant advantages of judicial confirmation,further realize the docking of litigation and mediation,and ease the pressure on courts to handle cases.In practice,we should eliminate the prejudice that only the people’s mediation agreement can apply for judicial confirmation,make full use of the cost advantage of judicial confirmation of free application and the convenience advantage of basic-level,and inject new vitality into the diversified dispute resolution mechanism.At the same time,from the legislative level,institutional mechanism,information construction and other aspects,the mediation agreement for legal aid from the theory to practice to provide a comprehensive guarantee.In addition,it is necessary to draw on the innovative experience and new concepts of foreign ADR to ensure the effect of judicial confirmation of legal aid mediation agreements and give full play to the functions of legal aid mediation for the benefit of the people.