Prevention and Regulation of False Judicial Confirmation
Yao Ting-tin
Abstract
Yao Ting-tin
Abstract
The judicial confirmation system develops, along with t he deepening reformation of the litigation and mediation convergence mechanism. In the background of diverse dispute resolution, it has important theoretical and practical significance. However, in China's judicial practice, the applicant has no integrity and the court confirms the cases in the form examination and other factors, which induce the deviation of the system, so appears the false judicial confirmation. First, cut with the new provisions of the Civil Procedure Law and, through the analysis of the causes of false judicial confirmation, and proposed prevention mechanism to false judicial confirmation from the applicant, the courts, social multi-dimensional, then seek the best relief programs in the association between the system, finally reexamine the judicial confirmation function, putting itself on the all-sided position.
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The judicial confirmation system develops, along with t he deepening reformation of the litigation and mediation convergence mechanism. In the background of diverse dispute resolution, it has important theoretical and practical significance. However, in China's judicial practice, the applicant has no integrity and the court confirms the cases in the form examination and other factors, which induce the deviation of the system, so appears the false judicial confirmation. First, cut with the new provisions of the Civil Procedure Law and, through the analysis of the causes of false judicial confirmation, and proposed prevention mechanism to false judicial confirmation from the applicant, the courts, social multi-dimensional, then seek the best relief programs in the association between the system, finally reexamine the judicial confirmation function, putting itself on the all-sided position.
Key concepts: Political science, Mediation, Law, Judicial activism, Dispute resolution, Mechanism (biology), Judicial review, Position (finance)