人民调解协议研究
发布时间：2018-09-14 19:52
【摘要】：在构建和谐社会的大环境下,社会需要更为稳定的状态。而在市场经济的条件下,民事纠纷广泛存在。为了营造和谐的社会环境,我们需要更为经济有效的纠纷解决机制。在众多的民事纠纷解决机制中,人民调解制度,因其历史悠久、适用广泛的优点被广为推崇。人民调解解决纠纷的速度快,效果好,但人民调解协议的效力等问题,一定程度上制约了人民调解制度的适用率,从而限制了人民调解制度效力的发挥。为了使人民调解制度能够更好的发挥其解决民事纠纷的作用,各地纷纷对人民调解协议的效力问题通过实践进行探索,以最大限度的提升人民调解制度解决纠纷的效用。 本文在对人民调解协议的适用范围进行探讨的基础之上提出人民调解协议的概念,进而对其性质进行分析,否定人民调解协议的合同性质,并在对人民调解协议的特点和效力现状进行分析的基础之上,提出完善人民调解协议效力制度的必要性和具体的完善建议,以达到确定人民调解协议效力、保证人民调解机制的作用的能够得到有效发挥的作用。本文共分为三部分,第一部分人民调解协议的涵义、特征及意义,阐述了人民调解协议的涵义,认为人民调解协议,就是在人民调解委员的主持下,依照国家法律法规、相关政策、风俗习惯、社会道德等,在分析案情的基础上对纠纷双方当事人进行调解,使双方当事人在平等自愿的基础上达成一致的解决纠纷矛盾的办法,并使之的书面化的文书。其次,对人民调解协议的特征及意义进行有益的探索,认定人民调解协议的现实意义是：人民调解协议司法确认对构建“大调解”机制有着克服人民调解局限性、节约司法资源、提高司法效率、建立多元化社会矛盾解决机制、维护社会和谐稳定和促进社会管理创新有着积极的作用。第二部分主要分析与研究了人民调解协议制度的实施现状,讨论了有关人民调解的动作机制现状,人民调解协议的确认机制和人民调解的执行机制。第三部分阐述了人民调解协议制度的完善。首先是与诉讼相衔接的机制,其次是与政府职能部门的纠纷调解衔接机制,第三是《人民调解法》的司法解释之建议等。笔者认为,当事人之间不管是就协议的履行还是就协议的内容发生纠纷,只要该人民调解协议没有强制效力,一方当事人都可以就本来存在的纠纷矛盾向法院提起诉讼。当然,如果能不进行诉讼,能够继续或者再次通过人民调解委员会或者通过行政机关解决,则一样既能达到解决纠纷又能维持当事人和谐关系的状态,是最好的选择。第二,针对已经赋予强制执行力的人民调解协议产生纠纷。如果义务人不履行或者不完全履行约定的义务,权利人都可向法院申请对已经具有强制执行力的法律文书进行强制执行,而义务人如若认为自己不该执行或者继续执行已有强制执行力的法律文书,应该向人民法院申请确认其无效。在这样的情况下,纠纷本身已经不再成为问题的焦点。而焦点在于人民调解协议的效力问题。人民调解协议被法院赋予强制执行力之后本身效力已经等同于法院的判决书,因此司法机关完全可以按照判决书的执行方式实现强制执行。
[Abstract]:In order to create a harmonious social environment, we need a more economical and effective dispute resolution mechanism. Among the numerous civil dispute resolution mechanisms, the people's mediation system, because of its long history, is applicable. People's mediation can solve disputes quickly and effectively, but the validity of the people's mediation agreement restricts the application rate of the people's mediation system to a certain extent, thus limiting the effectiveness of the people's mediation system. In order to maximize the effectiveness of the people's mediation system in resolving disputes, various localities have explored the effectiveness of the people's mediation agreement through practice.
On the basis of discussing the scope of application of the people's mediation agreement, this paper puts forward the concept of the people's mediation agreement, then analyzes its nature, negates the contract nature of the people's mediation agreement, and on the basis of analyzing the characteristics and effectiveness of the people's mediation agreement, puts forward to improve the effectiveness system of the people's mediation agreement. This article is divided into three parts. The first part is the meaning, characteristics and significance of the people's mediation agreement. It expounds the meaning of the people's mediation agreement and holds that the people's mediation agreement is in fact the people's mediation agreement. Under the chairmanship of the People's Mediation Committee, in accordance with the laws and regulations of the state, relevant policies, customs, social morals, etc., the parties to a dispute are mediated on the basis of the analysis of the case, so that both parties can reach an agreement on the basis of equality and voluntariness on the solution of disputes and contradictions, and make it a written instrument. Second, for the people. This paper explores the characteristics and significance of mediation agreement, and holds that the practical significance of the people's mediation agreement is that the judicial confirmation of the people's mediation agreement can overcome the limitations of the people's mediation mechanism, save judicial resources, improve judicial efficiency, establish a pluralistic social contradiction resolution mechanism, maintain social harmony, stability and promotion. The second part mainly analyzes and studies the actuality of the people's mediation agreement system, discusses the actuality of the people's mediation mechanism, the confirmation mechanism of the people's mediation agreement and the execution mechanism of the people's mediation agreement. In my opinion, as long as the people's mediation agreement has no compulsory effect, one party can have a dispute between the parties, whether it is about the implementation of the agreement or the content of the agreement. Of course, if the dispute can be settled by the people's mediation committee or the administrative organ again without litigation, the best choice is to solve the dispute and maintain the harmonious relationship between the parties. If the obligor fails to fulfil or fails to fully fulfil his contracted obligations, the obligee may apply to the court for compulsory execution of the legal documents already enforceable, and if the obligor thinks that he should not carry out or continue to carry out the legal documents already enforceable, he shall apply to the court for compulsory execution of the legal documents. Under such circumstances, the dispute itself is no longer the focus of the problem. The focus is on the validity of the people's mediation agreement. After the people's mediation agreement has been given compulsory execution by the court, its validity is already equivalent to the court's judgment, so the judicial organ can completely comply with the judgment. Enforcement is carried out.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926
[Abstract]:In order to create a harmonious social environment, we need a more economical and effective dispute resolution mechanism. Among the numerous civil dispute resolution mechanisms, the people's mediation system, because of its long history, is applicable. People's mediation can solve disputes quickly and effectively, but the validity of the people's mediation agreement restricts the application rate of the people's mediation system to a certain extent, thus limiting the effectiveness of the people's mediation system. In order to maximize the effectiveness of the people's mediation system in resolving disputes, various localities have explored the effectiveness of the people's mediation agreement through practice.
On the basis of discussing the scope of application of the people's mediation agreement, this paper puts forward the concept of the people's mediation agreement, then analyzes its nature, negates the contract nature of the people's mediation agreement, and on the basis of analyzing the characteristics and effectiveness of the people's mediation agreement, puts forward to improve the effectiveness system of the people's mediation agreement. This article is divided into three parts. The first part is the meaning, characteristics and significance of the people's mediation agreement. It expounds the meaning of the people's mediation agreement and holds that the people's mediation agreement is in fact the people's mediation agreement. Under the chairmanship of the People's Mediation Committee, in accordance with the laws and regulations of the state, relevant policies, customs, social morals, etc., the parties to a dispute are mediated on the basis of the analysis of the case, so that both parties can reach an agreement on the basis of equality and voluntariness on the solution of disputes and contradictions, and make it a written instrument. Second, for the people. This paper explores the characteristics and significance of mediation agreement, and holds that the practical significance of the people's mediation agreement is that the judicial confirmation of the people's mediation agreement can overcome the limitations of the people's mediation mechanism, save judicial resources, improve judicial efficiency, establish a pluralistic social contradiction resolution mechanism, maintain social harmony, stability and promotion. The second part mainly analyzes and studies the actuality of the people's mediation agreement system, discusses the actuality of the people's mediation mechanism, the confirmation mechanism of the people's mediation agreement and the execution mechanism of the people's mediation agreement. In my opinion, as long as the people's mediation agreement has no compulsory effect, one party can have a dispute between the parties, whether it is about the implementation of the agreement or the content of the agreement. Of course, if the dispute can be settled by the people's mediation committee or the administrative organ again without litigation, the best choice is to solve the dispute and maintain the harmonious relationship between the parties. If the obligor fails to fulfil or fails to fully fulfil his contracted obligations, the obligee may apply to the court for compulsory execution of the legal documents already enforceable, and if the obligor thinks that he should not carry out or continue to carry out the legal documents already enforceable, he shall apply to the court for compulsory execution of the legal documents. Under such circumstances, the dispute itself is no longer the focus of the problem. The focus is on the validity of the people's mediation agreement. After the people's mediation agreement has been given compulsory execution by the court, its validity is already equivalent to the court's judgment, so the judicial organ can completely comply with the judgment. Enforcement is carried out.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926
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