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Does the civil mediation statement have administrative enforcement force?

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Does the civil mediation statement have administrative enforcement force?


        

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  • 2024-06-13 13:00:50

    Does the civil mediation statement have administrative enforcement force?
    Does the civil mediation statement have administrative enforcement force? The civil mediation statement has administrative enforcement force. In civil cases, the people's court, on the basis of adhering to the principle of voluntariness and legality, finding out the facts and distinguishing right from wrong, adopts mediation to promote mutual understanding between the parties and reach an agreement. The document is called the civil mediation statement of the people's court. The civil mediation statement is one of the important judicial practical articles commonly used by the people's court, and has legal effect. It is not only a record of the consultation results of the parties, but also a proof of the approval of the people's court, and also the basis for the parties to comply with the implementation. Therefore, making a good mediation statement is of great significance to solve the contradictions among the people in a timely manner, promote stability and unity, publicize the socialist legal system, and prevent and reduce disputes. The civil mediation statement is different from that of the first instance, the second instance and the retrial. According to Article 9 of the Several Provisions of the Supreme People's Court on the Judicial Confirmation Procedure of People's Mediation Agreements, if one party refuses to perform or fails to perform in full after the people's court has made a confirmation decision according to law, the other party may apply to the people's court that made the confirmation decision for compulsory execution. Article 93 [Principle of mediation] In the trial of civil cases, the people's court shall distinguish right from wrong and conduct mediation on the basis of clear facts according to the principle of voluntariness of the parties. Article 94 When a people's court conducts mediation, it may be presided over by a single judge or a collegial panel, and it shall be conducted on the spot as far as possible. When a people's court conducts mediation, it may notify the parties and witnesses to appear in court in a simple way. Article 95 When a people's court conducts mediation, it may invite relevant units and individuals to assist. The invited units and individuals shall assist the people's court in mediation. Article 96 An agreement reached through mediation must be voluntary and not forced. The content of the mediation agreement shall not violate the law. Article 97 When an agreement is reached through mediation, the people's court shall prepare a mediation statement. The mediation statement shall clearly state the claims, the facts of the case and the mediation results. The conciliation statement shall be signed by the judges and the court clerk, sealed by the people's court, and served on both parties. The mediation statement shall have legal effect once signed by both parties. Article 98 The people's court may not prepare a mediation statement if an agreement is reached through mediation in the following cases: (1) divorce cases that have been settled through mediation; (2) Cases of maintaining an adoptive relationship through mediation; (3) Cases that can be performed immediately; (4) Other cases where no mediation statement is required. An agreement that does not require the preparation of a mediation statement shall be recorded in a written record, and shall become legally effective after it is signed or sealed by both parties, the judge and the clerk. Do you understand this explanation?

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