Research on the Judicial Confirmation Procedure of Civil Mediation Agreements

Abstract

After the revision of the Civil Procedure Law of the People's Republic of China in 2021, the scope of application of judicial confirmation has been expanded, but the effective application of this procedure has not been increased from the actual effect. As a non litigation procedure, it plays an irreplaceable role in the context of the reform of complex and simple separation and the establishment of a sound and diversified dispute resolution mechanism. However, since its establishment, this procedure has been controversial in terms of its nature, effectiveness, and other issues. Although it was ultimately included in the Civil Procedure Law as a non litigation procedure, there are still many shortcomings in its legal norms in terms of application subjects, initiation methods, review standards, etc. Analyze the inherent legal support and practical difficulties of these issues, and improve the connection between moral governance, rule of law, and social governance. The trinity of judicial confirmation procedures maximizes the release of the value of judicial confirmation procedures, which is of great significance for promoting the development of mediation systems, thereby promoting the governance of litigation sources to alleviate court litigation pressure, and improving diversified dispute resolution mechanisms.