The Qualification of Applicant of the Judicial Confirmation:Some Reflections on the 194th of the Civil Procedure Law(2012 Revision)

The amendments to the Civil Procedure Law in 2012 bring judicial confirmation system of non-litigation mediation agreement into our civil procedure. It warranted both parties can put forward the judicial confirmation to the court within the prescribed time limit,if both of them want to make the mediation agreement enforceable. However,there are obvious drawbacks to this provision,such as it brings a logical paradox,lower efficiency and it is difficult to reflect the superiority of the judicial confirmation process. The path whereby our judicial confirmation system can operate effectively is to permit a separate party to apply for judicial confirmation of the mediation agreement procedure. Furthermore,it is of great necessity to establish the objection system,to refine the jurisdiction of the judicial confirmation system and to construct error correction mechanism of judicial confirmation.