论人民调解司法确认文书的形式

Form of Legal Documents of Judicial Confirmation of People's Mediation

依据现行立法,由法院作出的民事"执行依据"文书主要有民事判决书、民事裁定书、民事决定书、民事调解书和民事命令五种。在司法确认制度试点阶段,地方法院曾使用过判决书、支付令、决定书、调解书和确认意见书等多种文书形式。理论界主要有判决书说、裁定书说、决定书说、调解书说和确认书说五种。2013年1月生效的新《民事诉讼法》规定司法确认文书形式为裁定书,这一规定面临诸多种困境,建议将调解书作为司法确认文书。

According to the current legislation, legal documents which are made by the court and form the basis of civil execution contain civil judgments, civil written verdict, civil written decision, civil conciliation statement and civil order. In the pilot phase of sys- tem of judicial confirmation, the forms of legal documents that the local court take contain written judgment, payment order, civil writ- ten decision, conciliation statement, opinions of confirmation and so on. The mainstream views contain theory of written judgment, theory of written verdict, theory of written decision, theory of conciliation statement and theory of confirmation. Since the new ＂Civil Pro- cedure Law＂ took effect in January 2013 ,the written verdict was specified as the form of judicial confirmation. But this provision leads to lots of problems and what I would advise to do is to take conciliation statement as judicial confirmation.