The dispute resolution mechanism of"Delegated Mediation+Judicial Confirmation"is an important measure to deepen litigation source management.It aligns with the essence of litigation source management,which focuses on"management",and prioritizes the prevention of litigation"sources";it conforms to the foundational concepts of judicial convenience for the people and benefiting the people through justice,as well as the value concepts of approaching justice and seeking harmony;it matches the diverse dispute resolution paths of litigation source management and adheres to the diversified methods of social standardization in resolving disputes based on legal rules and principles.However,due to the mismatch between non-litigation procedure theory and judicial confirmation procedures,the lack of rationality in the application conditions for judicial confirmation procedures,and the insufficient support from the People's Courts for the"Delegated Mediation+Judicial Confirmation"dispute resolution mechanism,its dispute resolution function is limited.It should be improved by standardizing the evidence submission and proof standards for judicial confirmation procedures,clarifying the minimum procedural guarantees for judicial confirmation,ensuring the timely and effective connection between delegated mediation agreements and judicial confirmation procedures,and perfecting the incentive and punishment mechanisms of the delegated mediation system.Requiring a correct understanding that mediation is not necessarily a prerequisite for litigation.When selecting its application,the People's Court must start from the actual interests of the parties involved and adhere to the"people-centered"concept.
NETL
NSTL
万方数据
