The scope of judicial confirmation of inadmissibility in Beijing court

If the court refuses to accept the application for judicial confirmation of the mediation agreement, it is stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC):

Article 357 Where a party applies for judicial confirmation of a mediation agreement, the people's court shall rule that it shall not be accepted under any of the following circumstances:

(a) does not belong to the scope of the people's court;

(2) It is not under the jurisdiction of the people's court that accepts the application.

(three) apply for confirmation of the marriage relationship, parent-child relationship, adoption relationship and other identity relationships are invalid, valid or dissolved;

(four) involving the application of other special procedures, announcement procedures, bankruptcy procedures;

(five) the contents of the mediation agreement involve the confirmation of property rights and intellectual property rights.

After accepting the application, if the people's court finds that the above application is inadmissible, it shall rule to reject the application of the party concerned.

Problems and Countermeasures in Judicial Confirmation Procedure of People's Mediation Agreement

In 20 14, Beijing Xicheng district people's court confirmed 30/kloc-0 cases of people's mediation agreement through judicial confirmation procedure, which played a good role in establishing and perfecting the contradiction and dispute resolution mechanism linking litigation with non-litigation. After investigation, Xicheng court found that some of these confirmed cases have the following four problems, which need to be handled carefully:

First, there are rights defects in the object of litigation. One is that the object of litigation may be sealed up or detained, for example, the house may be owned by * * *, or there may be rights defects, such as being sealed up; The other is that the object of litigation has other obligees, such as * * *, or there are other heirs in the case of inheritance confirmation.

2. Confirm that the applicant has identity defects. One is that it may not be the true intention of the parties, not the signature of the parties themselves; The other is that the party concerned is a person with incomplete civil capacity and cannot express his true meaning, and others exercise rights and assume obligations on his behalf.

3. The applicants of both parties submit false confirmation letters. One is that the parties put forward judicial confirmation to evade laws and regulations, so as to obtain rights by evading relevant regulations, such as evading restrictions on buying houses and the number of motor vehicles; The other is to deliberately conceal important information or fabricate facts, and infringe upon the legitimate rights of outsiders in other cases.

Fourth, it is not suitable for confirmation. One belongs to four situations in which the people's court does not accept judicial confirmation when filing a case, which is clearly stipulated in Article 4 of the Supreme People's Court's Several Provisions on Judicial Confirmation Procedures of People's Mediation Agreements;

The other is that people's mediation committees cannot accept mediation disputes and accept mediation. For example, the people's courts, public security organs or other administrative organs have accepted or resolved those cases that can only be handled by specialized organs according to laws and regulations, or those cases that are prohibited by laws and regulations to be solved by folk mediation.

In response to the above problems, Xicheng Court proposed the following countermeasures:

First, strictly examine the identity of the applicant, confirm whether it belongs to the true intention of the applicant, and inform both parties that the applicant must appear in court at the same time. If a party refuses to appear in court without justifiable reasons after being notified, the judicial confirmation procedure shall be terminated and the application for judicial confirmation shall be withdrawn.

After examination, if the mediation agreement may involve the legitimate rights and interests of outsiders, the parties shall be ordered to provide necessary evidence. If the party concerned cannot provide it, the application shall be rejected.

Two, strictly review the rights of the subject matter of litigation. Communicate with other departments in time and establish a long-term judicial inquiry mechanism, such as communicating with civil affairs departments, housing management bureau inquiring about housing ownership status, and banks inquiring about disputed accounts.

Third, communicate and negotiate with the people's mediation committee, establish a green channel, and regularly report the unconfirmed mediation agreement, which will not only facilitate litigation, improve the docking of litigation and non-litigation, but also feedback the existing problems in time, and strive to avoid litigation risks at the source.

The scope of acceptance of judicial confirmation cases mainly includes:

Personal injury compensation, debt, property division, maintenance, upbringing, inheritance, neighboring relations, engagement property, homestead, property ownership, partnership, agricultural contract, labor service contract, loan contract, custody contract, transportation contract, construction contract, contract, lease contract, loan contract, gift contract and other disputes.

The people's court does not accept the scope of judicial confirmation cases:

1, which is not within the scope of accepting civil cases by the people's court or is not under the jurisdiction of the people's court accepting the application;

2. Confirm the identity relationship;

3. confirm the adoption relationship;

4. Confirm the marriage relationship.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 201 Where a mediation agreement is reached through mediation by a mediation organization established according to law and an application for judicial confirmation is made, both parties shall submit it to the following people's courts within 30 days from the effective date of the mediation agreement:

(1) If the people's court invites a mediation organization to conduct mediation in advance, it shall submit it to the people's court that issued the invitation;

(2) If a mediation organization conducts mediation, it shall bring a lawsuit to the basic people's court where the parties have their domicile, where the subject matter is located and where the mediation organization is located; If the dispute involved in the mediation agreement should be under the jurisdiction of the intermediate people's court, it shall be submitted to the corresponding intermediate people's court. Article 202 If the people's court meets the statutory requirements after accepting the application, it shall rule that the mediation agreement is valid. If one party refuses to perform or fails to perform it completely, the other party may apply to the people's court for execution. If it does not meet the statutory conditions, the application shall be rejected by ruling, and the parties may change the original mediation agreement or reach a new mediation agreement through mediation, or bring a lawsuit to the people's court. Article 204 If, after accepting the application, the people's court decides to auction or sell the secured property after examination that it complies with the legal provisions, the parties may apply to the people's court for enforcement according to the ruling; If it does not meet the statutory requirements, the application shall be rejected by ruling, and the parties may bring a lawsuit to the people's court.