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新修改的民诉法中在第十五章增加了“确认调解协议案件”程序,该程序的设置加强了调解协议的执行率,促进了多元化纠纷解决机制的形成,对有效化解矛盾,解决纠纷有着积极的意义。但是该程序在设立之初,将其作为民诉法的专门程序是否合理,其法条规定是否完备详细,有无疏漏,值得我们探讨,本文拟针对确认调解协议的程序适用进行分析,从该程序的命名、性质、司法适用的具体步骤等方面具体阐述笔者的见解,以求使得该程序更加完善,具有可供司法合理适用的现实价值。
The newly amended Civil Procedure Law adds the “Procedure for Confirming the Mediation Agreement” in Chapter 15, which has strengthened the implementation of the Mediation Agreement, promoted the formation of a wide range of dispute resolution mechanisms, and effectively resolved conflicts , Solving disputes has a positive meaning. However, at the very beginning of its establishment, whether it is a reasonable procedure for civil procedural law or not and whether its provisions are complete and detailed and whether there is any omission is worth discussing. This article is intended to analyze the application of the procedure for confirming the mediation agreement. The name and nature of the procedure, the specific steps applicable to the judiciary, and so on, so as to make the procedure more perfect and have the realistic value that is applicable to the judiciary.