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人民调解协议司法确认制度之目的在于促进调解与诉讼程序的融合与有效衔接,发挥社会救济和司法救济的协作优势,是构建多元化纠纷解决机制过程中的重要环节。《中华人民共和国民事诉讼法(2012修正)》在特别程序中增加了“确认调解协议案件”一节,第一次从诉讼法层面规定了司法确认程序,并明确了其非诉性质。笔者认为,该法对可申请的调解协议范围的限定是值得探讨的;该法对于审查的方式、内容及期限变动等内容并没有做出规定,依据仍是原有的司法解释,需要进一步完善。
The purpose of the system of judicial confirmation of the people’s mediation agreement is to promote the convergence and effective convergence of the mediation and litigation procedure and give full play to the cooperation advantage of social assistance and judicial relief. It is an important link in the process of building a diversified dispute resolution mechanism. The Civil Procedure Law of the People’s Republic of China (2012 Amendment) added the section on Confirming the Mediation Agreement in the special procedure. For the first time, the judicial confirmation procedure was set out from the procedural law level and its non-prosecutorial nature was clarified. The author believes that this law is worth discussing for the limitation of the range of mediation agreements that can be applied. The law does not stipulate the content, time limit and other aspects of the review. The law is still based on the original judicial interpretation and needs to be further improved .