二审和解撤诉後当事人反悔，一审法院的判决书能否强制执行

Whether the court of first instance＇s judgement can be executed when the parties fall back on their words after the second trial reconciliation？

民事二审和解撤诉之後，一方当事人反悔，另一方当事人能否向法院申请强制执行一审判决？中国的《民事诉讼法》和《民诉意见》对此问题并没有规定，实践中法院、当事人、检察院对此问题的处理方式五花八门。笔者以为：一审法院判决效力的认定是解决该类争议的关键。对此，笔者首先厘清了撤回起诉和撤回上诉的区别，然後又从绝对无效和相对无效角度层层推进，最後得出只有双方当事人在和解协议中明确约定反悔後执行一审判决，此时的一审判决才是有效的，其他情况均为无效。

When the parties fall back on their words after the second trial reconciliation, does the court of first instance＇s judgement can be executed？ The ＂Civil Procedure Law＂ and ＂Amendment to The People＇s Republic of China＇s Civil Procedure Law＂ do not regulate this issue. In practice, the treating ways on this issue of the court, the parties and the procuratorate can be said to be multifarious. In authors＇ view, the effectiveness of the judgement of court of first instance is the key to resolving such disputes. In response, the authors firstly clarify the distinctions between prosecution withdraw and the appeal withdraw, and then from the perspective of absolutely null and void and relatively ineffective, finally reach a settlement agreement that the first instance judgement is effective only when the parties definitely assume in the reconciliation agreement that the first-instance judgement should be executed after they fall back on their words.