Does the community mediation book have legal effect?

Subjectivity of law: What is the legal effect of community civil mediation? The mediation agreement reached by the people's mediation committee is legally binding, and the parties shall perform it according to the agreement. After a mediation agreement is reached through mediation by the people's mediation committee, both parties may, if necessary, apply to the people's court for judicial confirmation within 30 days from the effective date of the mediation agreement, and the people's court shall promptly review the mediation agreement and confirm the validity of the mediation agreement according to law. Legal Knowledge of Civil Mediation "Provisions of the Supreme People's Court on Several Issues Concerning Civil Mediation in People's Courts" (hereinafter referred to as "Provisions") was adopted by the the Supreme People's Court Judicial Committee at its 132 1 meeting on August 8, 2004. It is hereby promulgated and shall come into force as of June 1 1. In order to ensure that the people's courts correctly mediate civil cases, solve disputes in a timely manner, safeguard and facilitate the parties to exercise their litigation rights according to law, and save judicial resources, these Provisions are formulated in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC) and other laws, combined with the experience and reality of the people's courts' mediation work. Article 1 The people's court may mediate in civil cases of first instance, second instance and retrial before the expiration of the defense period. With the consent of the parties, the people's court may conduct mediation before the expiration of the defense period. Article 2 The people's courts shall mediate civil cases that can be settled through mediation. However, the people's court will not mediate in cases where special procedures, supervision procedures, public notice procedures, bankruptcy and debt repayment procedures are applicable, marriage and identity confirmation cases, and other civil cases that cannot be mediated according to the nature of the cases. Article 3 According to the provisions of Article 87 of the Civil Procedure Law, the people's court may invite enterprises, institutions, social groups or other organizations that have a specific relationship with the parties or have a certain connection with this case, as well as individuals with special knowledge, specific social experience and a specific relationship with the parties, which is conducive to mediation. With the consent of the parties, the people's court may entrust the units or individuals specified in the preceding paragraph to mediate the case. After reaching a mediation agreement, the people's court shall confirm it according to law. Article 4 If the parties themselves reach a settlement agreement in the course of litigation, the people's court may confirm the settlement agreement according to law and make a conciliation statement according to the application of the parties. The period during which both parties apply for out-of-court settlement is not included in the trial limit. If the parties apply to the people's court for coordination and reconciliation activities in the process of reconciliation, the people's court may designate trial assistants or invite or entrust relevant units and individuals to engage in coordination activities. Article 5 Before mediation, the people's court shall inform the parties of the names of the chief mediator and the clerk, and whether to apply for withdrawal and other related litigation rights and obligations. Article 6 Before the expiration of the defense period, the people's court shall conduct mediation. If the mediation agreement is not reached within 7 days from the date when the parties agree to mediation for ordinary procedure cases 15 days, the mediation can be continued with the consent of the parties. The extended mediation period is not included in the trial period. Article 7 Where a party applies for private mediation, the people's court shall allow it. At the time of mediation, the parties shall be present at the same time, and the parties may be mediated separately if necessary. Article 8 The parties may propose a mediation plan by themselves, and the person presiding over the mediation may also propose a mediation plan for reference when the parties negotiate. Article 9 If the content of the mediation agreement exceeds the claim, the people's court may allow it. Article 10 The people's court shall allow a mediation agreement in which one party bears the civil liability for non-performance of the agreement. The mediation agreement stipulates that if one party fails to perform the agreement, the other party may request the people's court to make a judgment on the case, but the people's court will not allow it. Article 11 If a mediation agreement stipulates that one party provides a guarantee or the outsider agrees to provide a guarantee for the party, the people's court shall allow it. If an outsider provides a guarantee, the people's court shall specify the guarantor in the conciliation statement and serve the conciliation statement on the guarantor. If the guarantor fails to sign the conciliation statement, the validity of the conciliation statement will not be affected. The guarantee provided by the parties or outsiders shall take effect when it meets the conditions stipulated in the guarantee law. Article 12 The people's court shall not confirm a mediation agreement under any of the following circumstances: (1) It infringes upon the public interests of the state and society; (2) Infringing the interests of outsiders; (three) against the true meaning of the parties; (4) Violating the prohibitive provisions of laws and administrative regulations. Article 13 According to the provisions of the Civil Procedure Law, the conciliation statement shall come into effect as soon as the parties agree to sign or seal it. After examination and confirmation by the people's court, it shall be recorded in the record or attached to the agreement, and it shall become legally effective after being signed or sealed by the parties, judges and clerks. If the parties request to make a conciliation statement, the people's court shall make a conciliation statement and send it to the parties. If the parties refuse to accept the mediation agreement, the validity of the mediation agreement will not be affected. If one party fails to perform the mediation agreement, the other party may apply to the people's court for enforcement with the mediation document. Article 14 If the parties fail to reach an agreement on how to bear the litigation costs, the validity of the mediation agreement shall not be affected. The people's court may directly determine the proportion of litigation costs borne by the parties and record the decision in the conciliation statement. Article 15 If a party who has no rights and obligations to the contents of the conciliation statement does not sign the conciliation statement, the validity of the conciliation statement will not be affected. Article 16 The parties raise an objection on the grounds that the original intention of the civil mediation agreement is inconsistent with the mediation agreement. If the people's court finds that the objection is established after examination, it shall make a ruling to correct the relevant contents of the civil mediation agreement according to the mediation agreement. Article 17 If the parties reach a mediation agreement on some litigation requests, the people's court may confirm in advance and make a mediation agreement. If the parties reach a mediation agreement on the main litigation request and request the people's court to put forward opinions on handling the litigation request that has not reached an agreement and accept the handling result, the opinions of the people's court are an integral part of the mediation agreement, and the conciliation statement shall be recorded in the conciliation statement. Article 18 If the parties reach an agreement through conciliation or mediation and request the people's court to make a judgment according to the contents of the conciliation agreement or mediation agreement, the people's court will not support it. Article 19 If the parties apply for enforcement when the conditions of the guarantee clauses or the conditions of assuming civil liability specified in the mediation agreement are met, the people's court shall enforce them according to law. After the party who fails to perform the mediation agreement bears the civil liability determined in the mediation agreement in accordance with the provisions of the preceding paragraph, the people's court shall not support the other party's request that it bear the responsibility for delayed performance as stipulated in Article 229 of the Civil Procedure Law. Article 20 Where a mediation agreement stipulates payment to a specific subject matter, the property right and priority of a third party existing on the subject matter before the mediation agreement is reached shall not be affected. During the execution period, if a third party objects to the execution target, it shall be handled in accordance with the provisions of Article 204th of the Civil Procedure Law. Twenty-first people's courts shall conduct mediation in accordance with these provisions when trying criminal incidental civil litigation cases. Twenty-second cases that have been accepted by the people's courts before the implementation of these provisions, but have not been concluded after the implementation, shall be implemented in accordance with these provisions. Twenty-third before the implementation of these Provisions, the relevant judicial interpretations in the Supreme People's Court are inconsistent with these Provisions, and these Provisions shall apply. Twenty-fourth the provisions shall be implemented as of June 6, 2004. Legal objectivity: The mediation agreement of the mediation committee is not legally binding. The reasons are as follows: On the one hand, this is determined by the nature of the enterprise mediation committee. The enterprise labor dispute mediation committee is neither a judicial or arbitration institution nor an administrative organ, but a mass organization of workers under the leadership of the workers' congress, which specializes in handling labor disputes within enterprises. Therefore, enterprise labor dispute mediation is different from trial and arbitration activities. Participants in mediation activities do not enjoy the rights and obligations in litigation activities. The mediation committee has no power to deal with labor disputes compulsorily, and the agreement reached through mediation has no legal guarantee. On the other hand, Article 80 of the Labor Law and Article 1 1 of the Regulations on Handling Labor Disputes in Enterprises all stipulate that if an agreement is reached through mediation, the parties concerned shall consciously perform it. There is no clear stipulation on what kind of legal responsibilities both parties or one party should bear if they fail to perform the agreement. This also shows that the mediation agreement of the mediation committee is not legally binding, which mainly depends on the commitment, trust and moral restraint between the parties, and depends on the conscious performance of both parties. Therefore, when one party reneges and fails to perform the agreement, neither the other party nor the mediation committee can force it to perform the agreement. China's civil procedure law and related explanations do not stipulate the way that the court should mediate. The most popular mediation method in practice is the so-called "back-to-back" mediation method, that is, the judge and the parties negotiate separately, and the two sides go through the needle and finally reach an agreement. In addition, it can also be tried that mediation should be conducted in public, that is, from the beginning of mediation to the conclusion of a mediation agreement, both parties or agents must be present. This will help to put an end to the black-box operation of the mediator and help the two sides reach an agreement through free consultation. Judges should be in a neutral, just and passive position in the process of mediation. Judges should not express personal opinions for the parties to accept, but should mediate in the middle, guide the two sides to negotiate peacefully, and make mutual understanding and mutual accommodation. No matter what kind of mediation method is adopted, judges must take good responsibility for the cases they mediate, and cannot "muddle along" or force or suppress mediation. In view of the basic national conditions of low legal quality of the masses in China, if the parties fail to mediate, the judge can evaluate the parties' requests according to relevant laws and regulations, help them understand the potential advantages and disadvantages in the litigation, and urge the parties to reach a mediation agreement. When evaluating a case, we should be careful not to confuse or threaten the parties in disguise with the legal spirit of "the law stipulates this" and "the judgment does this", so that they may make a wrong judgment for fear of not getting benefits. The making of conciliation statement should have necessary reasoning and logic, and the identification of evidence and the applicable law should be written into conciliation statement, because the process and reasons of conciliation reflect the principle of voluntariness of the parties and the process of realizing substantive fairness, which can convince outsiders that the conclusion is convincing and fair, and reduce the frequency of refusing to sign the conciliation statement and the rate of repentance.