meaning
People's Court civil cases, while adhering to the voluntary, under the principle of legality, the ascertaining of facts on the basis of right and wrong, take the mediation, the parties to promote mutual understanding, reached after the agreement written instrument, known as the people's Court civil mediation.
civil mediation is one of the important common people's court of justice Practical, have the force of law. It is a record of the results of the consultations the parties, but also prove to be approved by the people's court, the parties also executed according to compliance. Therefore, it makes good mediation, to promptly resolve contradictions among the people, promoting social stability, the socialist legal system propaganda, prevent and reduce disputes, has great significance. Civil mediation have first or second instance, retrial mediation different book.
structure
structure of civil mediation book
(1) participants in the proceedings of the name, gender, age, nationality, origin, place of work, occupation and address Wait.
(2) the cause of action. Specify the nature of the case.
(3) facts. Reason reason, the process and the status quo name indicate the subject matter, quantity, location, as well as disputes both the request and held.
(4) reasons. In accordance with the applicable provisions of the law for the disputed question, make a fair and reasonable assessment.
(5) agreement. This is the core of mediation. The parties stated in a voluntary, legal agreement reached under the principle of resolving disputes.
(6) indicate the legal effect of mediation.
(7) Chamber staff signature and official chapter hospital, indicate the production date.
Format
civil mediation, title, number, parties, cause of action, facts, reasons, protocols, inscribed, date, clerks and other parts. The format is basically the same civil judgments, you can see.
writing methods
and civil judgment writing methods are common civil mediation, writing methods described below in the first instance civil mediation, for reference.
1, the title and number. Name and title of court documents name components. Number referred by the year, the hospital name, documents and instruments referred to sequence number. BASIC
2, participants in the proceedings (plaintiff, defendant) identity, etc., with the same wording of the ordinary procedure of first instance civil judgments, can refer to.
3, the cause of action. First instance civil mediation to directly specify the cause of action. Such as the "cause of action: divorce."
4, the facts. Mediation of the fact that the wording should be considered in specific cases may be: first stated as the subject matter of the name, quantity, location, and then specify the reasons of the dispute, the process and the status quo, and the reasons for the request and the two sides held.
In writing, in general, the fact that the parties to the dispute and the court finds that the fact that integrated together to write. It is not the judgment as to the fact that very detailed, but instead sought a high degree of generalization and concise, see the effort on the brief.
5, the grounds. Mediation reason, refers to the People's Court on the basis of ascertaining the facts, according to the law for the disputed question, make a fair and reasonable assessment, which made it clear reason, to distinguish between right and wrong, that attitude.
simple case, the agreement also goes well, you can not write the reason, or reasons for mediation simple, and in fact written some years. However, the case is more significant complex, the parties asked the court to distinguish right from wrong, and economic disputes, it should be on a separate line stated reason for mediation.
6, agreement. This refers to the agreement reached by the parties under the legal principle of voluntary dispute resolution. There are details of two aspects: First, solve the problem of case comments entity, the second is the burden of litigation costs.
7, indicate the effectiveness of the instrument. In the lower left his party the burden of litigation costs stated: "The mediation agreement with the verdict have the same legal effect."
8, collegial panel members or Durenshenpan signature; time to reach an agreement, and to paint people's Court homes chapter; clerk signed, stamped "this piece is no different with the original check" stamp words.
related to the difference between
First of all, in different ways to resolve disputes. Civil mediation reflects the people's court according to law mediation, the parties voluntarily contributed, legally agreed content; civil judgments reflect the content of the people's court for resolving disputes in the form of judgment. Secondly, different reflect the will. Civil mediation in the legal premise, mainly reflected the will of the parties, the people's court to confirm the agreement reached by the parties voluntarily in accordance with law; civil judgments reflect the will of the will of the People's Court that the State of. Again, different time legally effective. Civil mediation after both parties sign, it has the force of law; and civil courts of first instance verdict only after the appeal period before they become legally effective if the individual does not appeal. Visible big difference between the two. Particular attention is different from the court mediation outside the mediation proceedings, it has the nature of the case, it has the effect of enforcement. Therefore, the production of civil mediation should be made of the same civil judgments, it attracts our attention.
related laws
Article 93 [principle] mediation People's Court civil cases, the parties on a voluntary principle, the basis of clear facts on, distinguish right from wrong, to mediate.
ninety-fourth bar to form a people's mediation organizations for mediation court, presided over by a single judge who can, can also be chaired by the full court, and as far as possible in situ.
People's Court mediation, the parties may notify a simple way, witnesses to court.
Ninety-fifth bar to help mediate a people's court conducts conciliation, it may invite the units and individual assistance. The invited units and individuals shall assist the people's court mediation.
ninety sixth [Article] mediation mediation agreement to reach an agreement, both sides must be voluntary, not forced. Content of the settlement agreement shall not contravene the law.
ninety-seventh bar to a mediation agreement, the people's court shall make a mediation. Mediation shall specify the claims, the facts of the case and the outcome of the mediation.
mediation shall be signed by the judge and the court clerk, sealed by the people's court, and served on both parties.
mediation after both parties sign, it has the force of law.
Article 98 [not] conciliation statement following cases when a settlement agreement, the people's court need not draw up a conciliation statement:
(a) Mediation divorce cases;
(b) mediation cases to maintain the adoptive relationship; case
(c) can be immediately satisfied;
(d) other cases that do not require a conciliation statement.
of the protocol does not require a conciliation statement shall be entered into the record, after signature by both parties, the judge, clerk or sealed by the force of law.