论虚假调解案外人权利救济——以人民调解协议司法确认为对象

On the Relief of the Rights of Outsiders in False Mediation Cases——Judicial Confirmation of the People’s Mediation Agreement

在社会诚信体系尚不完善的社会转型期,虚假调解现象多发,人民调解协议效力的扩张、调解制度的意思自治性及秘密性使得案外人权利救济困难重重。我国确认调解协议案外人权利救济,主要包括案外人的撤销权和异议权。但案外人异议审理模式的模糊、调解案外人界定不一、救济途径单调使案外人维权之路异常艰难。因此,需确立异议程序审理模式,放宽案外人主体资格,增设再审、第三人撤销之诉,保障案外人的合法权益。

In the period of social transformation in which the social credit system is still not perfect,the phenomenon of false mediation is frequent,the expansion of the effectiveness of the people’s mediation agreement,the autonomy and secrecy of the mediation system make the rights of the outsiders difficult.China confirms the rights relief of outsiders in the mediation agreement,mainly including the right of revocation and dissent of the outsider.However,the mode of dissent outside the case is vague,the definition of outsiders in the mediation case is different,and the remedy of monotony makes the road of defending the rights of the outsiders extremely difficult.Therefore,it is necessary to establish a mode of trial of the opposition procedure,relax the subject qualification of the outsider,add a retrial and a third party to revoke the lawsuit,and protect the lawful rights and interests of the outsiders.