Judicial confirmation is a non-litigation procedure that allows an agreement reached through mediation to be confirmed by the court and thus obtain the same legal effect as a court judgment, including enforceability. This procedure not only reflects respect for the results of civil mediation, but also gives the mediation agreement the formality and seriousness of the law. So, what are the application conditions, procedures, and practical significance and challenges of judicial confirmation?
Judicial confirmation, in accordance with the provisions of the Civil Procedure Law, is a non-litigation procedure that conducts a voluntariness and legality review of the civil mediation agreement reached by the two parties through the mediation organization on the basis of the application of the parties, and gives it enforceable force. Judicial confirmation is based on the mediation agreement, which requires the parties to apply together, and is mainly to review the voluntariness and legality of the agreement. The role of the court in the confirmation process is neither to retry the facts and evidence of the case, nor to adjudicate the dispute, but to confirm whether the mediation agreement reached by the two parties complies with the law and whether it meets the conditions for enforcement.
In practice, the court to which the parties apply for judicial confirmation depends on the specific circumstances of the mediation agreement. If the mediation is conducted by a mediation organization invited by the people's court, the parties shall apply to the people's court inviting mediation; If the mediation organization conducts mediation on its own, it may be submitted to the basic people's court at the place where the parties are domiciled, where the subject matter is located, or where the mediation organization is located. For some specific disputes, if the dispute involved in the mediation agreement should be under the jurisdiction of the Intermediate People's Court, the application should be submitted to the corresponding Intermediate People's Court. It reflects the law's consideration of the rational allocation of judicial resources, and also facilitates the parties to apply for judicial confirmation in accordance with the law.
However, not all cases can be subject to judicial confirmation proceedings. The Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China clearly lists the circumstances under which it will not be accepted, including cases that are not within the scope of acceptance by the people's courts, cases that do not fall within the jurisdiction of the application court, cases involving marital relationships, parent-child relationships and other identity relationships, and mediation agreements involving the confirmation of property rights and intellectual property rights. These restrictions are intended to ensure that the scope of application of the judicial confirmation procedure is clear and reasonable, and to prevent the misuse of judicial resources.
The benefits of the judicial confirmation process are clear. The people's courts do not charge any fees for handling judicial confirmation cases, which greatly reduces the financial burden of the parties. The judicial confirmation process improves the enforceability of mediation agreements. Once the court confirms that the mediation agreement is valid, the agreement becomes legally binding and the other party can apply for enforcement if one party refuses to perform or does not perform the agreement in full. This is important to ensure that the results of the mediation are actually implemented. At the same time, if the court finds that the mediation agreement is invalid, the parties still have the opportunity to resolve the dispute through mediation or file a lawsuit with the people's court, so as to ensure that the legitimate rights and interests of the parties are not harmed.
With the wide application of the judicial confirmation system, some challenges and problems in practice have gradually been exposed. The most significant of these is how to ensure the authenticity and fairness of the mediation agreement and avoid the occurrence of sham mediation. The solution of this problem requires the court to maintain both efficiency and ensure the rigor and meticulousness of the review process, which undoubtedly increases the workload of the court. In addition, with the continuous expansion of the scope of application of judicial confirmation, how to balance the reasonable allocation of court resources and ensure the efficient operation of the judicial confirmation process is also a challenge that needs to be faced.
In this regard, it is necessary to strengthen the regulation and supervision of mediation organizations to ensure the fairness of the mediation process and the authenticity of the mediation agreement. By improving the professional quality of mediators and strengthening the guidance and supervision of the mediation process, the occurrence of false mediation can be effectively reduced. When processing applications for judicial confirmation, courts may use modern technological means, such as artificial intelligence-assisted examination, to improve the efficiency of examination and ensure the quality of examination. It is also necessary to strengthen publicity and education on the judicial confirmation system, improve the public's awareness and understanding of the system, and guide the parties to make reasonable use of the judicial confirmation procedure to resolve disputes.
The development and improvement of the judicial confirmation system is not only related to the optimization of the civil dispute resolution mechanism, but also the embodiment of the progress of the rule of law. Through continuous exploration and practice, and improving the relevant legal provisions and practical operations of judicial confirmation, the efficiency and quality of civil dispute resolution can be further improved, and the rational use of judicial resources and social harmony and stability can be realized. As an important part of the civil dispute resolution mechanism, judicial confirmation is of great significance for promoting the fair enforcement of the law and protecting the legitimate rights and interests of the parties.