司法确认人民调解协议制度具有正当性,但调研显示该制度在纠纷调解实践中却较低地被使用,且大有逐渐消隐发展趋势。究其原因,既有制度设计非理性的因素,更有来自人们理念方面的问题。为求制度与实践的完美契合与良性互动,首先需革新权利与权力关系问题上的旧观念,重塑权利与权力关系新理念;其次要经由法律提高司法确认人民调解协议制度法规制的层级,确保其具有权威性和形式理性;再次还必须为该制度的运行设计科学的操作规程。 Judicial confirmation of the system of people’s mediation agreement is justified, but research shows that the system has been used less in dispute mediation practice and has a tendency of gradually disappearing. The reason, both the system design of irrational factors, but also from the people’s ideas and problems. In order to perfect the system and practice of the perfect fit and benign interaction, we must first reform the old concept of the relationship between power and power, to reshape the new concept of the relationship between power and power; second, through the law to improve the judicial system to determine the level of people’s mediation agreement, Ensure that it is authoritative and formally rational; and once again must design scientific procedures for the operation of the system.