我国人民调解协议司法确认制度的考察

A Discussion on China's Judicial Confirmation Process of the Settlement through People's Mediation Committee

从人民调解协议的效力方面看,我国人民调解协议司法确认制度的源流体现在主要依靠当事人自觉履行的人民调解协议、具有"民事合同"性质的人民调解协议、部分人民调解协议具有"法律约束力"的探索、人民调解协议司法确认制度的立法确立等。我国人民调解协议司法确认制度的现行规定及其适用存在不少问题,需要从增加申请人民调解协议司法确认的主体、理顺关于人民调解协议司法确认管辖法院的规定、确定人民调解协议的司法审查方式、明确人民调解协议司法确认后的法律后果等方面继续完善我国人民调解协议司法确认制度。

From the effectiveness of the Settlement through People＇s Mediation Committee,China＇s Judicial Confirmation Process of the Settlement through People＇s Mediation Committee includes the following aspects：the parties conscientiously fulfill the Settlement under most conditions;the Settlement is invested with attributes of civil contract and some of the marelegally binding;Judicial Confirmation Process of the Settlement through People＇s Mediation Committee has legal grounds.There are a lot of problems in China＇s Judicial Confirmation Process of the Settlement through People＇s Mediation Committee and The Several Provisions on Judicial Confirmation Process of the Settlement through People＇s Mediation Committee.Therefore it should be improved from the following aspects：increasing the applicant of the Judicial Confirmation Process;properly dealing with the provision of the people＇s court to which Judicial Confirmation Process of the Settlement through People＇s Mediation Committee is brought;determining the way of Judicial Confirmation Process;defining the legal consequences of Judicial Confirmation Process of the Settlement through People＇s Mediation Committee.