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民事诉讼法在特别程序一章新增了确认调解协议案件,其适用范围应只限于依法设立的各种类型的人民调解组织主持下达成的协议;有效的申请行为包括复数当事人在内的多种形式的“共同”申请;在特殊情形下有调整级别和地域管辖的必要;合理选择受理和确认期限规范;禁止当事人选择复议、上诉、重新确认的救济方式,但是允许法定条件下的再审以及部分情形下的另行起诉;案外人的救济应该参照适用新法规定的第三人撤销之诉。
The Civil Procedure Law has added new cases of confirming the mediation agreement to the special procedure chapter. Its scope of application should be limited to agreements reached under the auspices of various types of people’s mediation organizations established according to law; effective application forms include multiple parties including plural parties, In the form of “common” application; in special circumstances there is the need for adjustment level and geographical jurisdiction; reasonably choose to accept and confirm the deadline specification; prohibit the parties to choose reconsideration, appeal, re-confirmation of the remedy, but to allow retrial under statutory conditions As well as some cases of separate prosecution; the relief of outsiders should refer to the application of the new law provides for the withdrawal of a third party.