人民调解协议效力初探
发布时间：2019-06-06 02:22
【摘要】：中国经济三十年的蓬勃发展,自然导致社会利益的多元,相继而来的是日益复杂的社会矛盾和海量的诉讼案件。因而,中国司法改革一直以来都不得不围绕着“案件多司法资源少”这一对矛盾而展开,可以说,传统的司法体制已经不能适应人民群众日益增长的司法需求。针对法院诉讼案件迅猛增长的现实,如何建立具有中国特色的多元化纠纷解决机制,如何有效地化解社会纠纷已经成为构建和谐社会的重要内容。2004年,《国务院全面推进依法行政实施纲要》中明确提出,要积极探索高效、便捷和成本低廉的防范、化解社会矛盾的机制,充分发挥调解在解决社会矛盾中的作用。 由于运用人民调解手段解决社会纠纷在我国有着长期的社会基础,充分实现了当事人意思自治,且方式式灵活、经济简便等特点,该机制已经在解决社会纠纷方面起着越来越重要的作用。然而在基层具体工作实践当中,人民调解也存在种种问题,其中最主要的是调解协议书缺乏对当事人行效的法律约束力,直接影响了人民调解工作的威信、地位和人民调解制度本身优势的全面发挥。2011年1月1日起实施的《中华人民共和国人民调解法》建立了人民调解协议司法效力确认机制,使传统意义上的人民调解制度与现代意义上的司法制度实现了程序上的无缝对接,初步解决了人民调解协议书缺少权威性、完全没有强制执行力的问题,但是也仅仅只是在一定程度上强化了人民调解协议书的执行性。 人们对何谓人民调解、人民调解协议书的性质,以及影响人民调解协议书效力发挥之因素的不同认识导致人们对于为什么要强化、如何强化人民调解协议的效力有着不同理解,新出台的人民调解法又没有完全解决这些问题,本文认为可以从如下几个方面强化人民调解协议书的效力：赋予人民调解协议相应的法律效力、明确人民调解制度的受理范围、提高人民调解委员会调解人员的准入门槛、加强人民法院以及司法行政部门对人民调解工作的业务指导。
[Abstract]:The vigorous development of China's economy in the past 30 years has naturally led to the diversification of social interests, and increasingly complex social contradictions and massive litigation cases have emerged one after another. Therefore, China's judicial reform has always had to revolve around the contradiction of "more cases and less judicial resources". It can be said that the traditional judicial system can no longer meet the growing judicial needs of the people. In view of the rapid growth of court litigation cases, how to establish a pluralistic dispute resolution mechanism with Chinese characteristics and how to effectively resolve social disputes has become an important part of building a harmonious society. In the outline of promoting Administration according to Law in an all-round way, the State Council clearly points out that it is necessary to actively explore efficient, convenient and low-cost prevention, resolve social contradictions, and give full play to the role of mediation in solving social contradictions. Because the use of people's mediation to solve social disputes has a long-term social foundation in our country, it has fully realized the autonomy of the will of the parties, flexible mode, simple economy and so on. This mechanism has played a more and more important role in the settlement of social disputes. However, in the concrete work practice at the grass-roots level, the people's mediation also has various problems, the most important of which is that the mediation agreement lacks the legal binding force on the effect of the parties, which directly affects the prestige of the people's mediation work. The status and the advantages of the people's mediation system itself should be brought into full play. The people's Mediation Law of the people's Republic of China, which came into effect on 1 January 2011, has established a mechanism for confirming the judicial effect of the people's mediation agreement, The people's mediation system in the traditional sense and the judicial system in the modern sense have realized the seamless connection in the procedure, and initially solved the problem that the people's mediation agreement is lack of authority and has no enforcement power at all. However, it only strengthens the execution of the people's mediation agreement to a certain extent. Different understandings of what people's mediation is, the nature of the people's mediation agreement, and the factors that affect the effectiveness of the people's mediation agreement lead to different understandings of why and how to strengthen the effectiveness of the people's mediation agreement. The new people's mediation law has not completely solved these problems. This paper holds that the effectiveness of the people's mediation agreement can be strengthened from the following aspects: giving the people's mediation agreement the corresponding legal effect, and defining the scope of acceptance of the people's mediation system. We will raise the entry threshold for mediators of the people's Mediation Committee and strengthen the professional guidance of the people's courts and judicial administrative departments on the people's mediation work.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
本文编号：2493999
[Abstract]:The vigorous development of China's economy in the past 30 years has naturally led to the diversification of social interests, and increasingly complex social contradictions and massive litigation cases have emerged one after another. Therefore, China's judicial reform has always had to revolve around the contradiction of "more cases and less judicial resources". It can be said that the traditional judicial system can no longer meet the growing judicial needs of the people. In view of the rapid growth of court litigation cases, how to establish a pluralistic dispute resolution mechanism with Chinese characteristics and how to effectively resolve social disputes has become an important part of building a harmonious society. In the outline of promoting Administration according to Law in an all-round way, the State Council clearly points out that it is necessary to actively explore efficient, convenient and low-cost prevention, resolve social contradictions, and give full play to the role of mediation in solving social contradictions. Because the use of people's mediation to solve social disputes has a long-term social foundation in our country, it has fully realized the autonomy of the will of the parties, flexible mode, simple economy and so on. This mechanism has played a more and more important role in the settlement of social disputes. However, in the concrete work practice at the grass-roots level, the people's mediation also has various problems, the most important of which is that the mediation agreement lacks the legal binding force on the effect of the parties, which directly affects the prestige of the people's mediation work. The status and the advantages of the people's mediation system itself should be brought into full play. The people's Mediation Law of the people's Republic of China, which came into effect on 1 January 2011, has established a mechanism for confirming the judicial effect of the people's mediation agreement, The people's mediation system in the traditional sense and the judicial system in the modern sense have realized the seamless connection in the procedure, and initially solved the problem that the people's mediation agreement is lack of authority and has no enforcement power at all. However, it only strengthens the execution of the people's mediation agreement to a certain extent. Different understandings of what people's mediation is, the nature of the people's mediation agreement, and the factors that affect the effectiveness of the people's mediation agreement lead to different understandings of why and how to strengthen the effectiveness of the people's mediation agreement. The new people's mediation law has not completely solved these problems. This paper holds that the effectiveness of the people's mediation agreement can be strengthened from the following aspects: giving the people's mediation agreement the corresponding legal effect, and defining the scope of acceptance of the people's mediation system. We will raise the entry threshold for mediators of the people's Mediation Committee and strengthen the professional guidance of the people's courts and judicial administrative departments on the people's mediation work.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
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