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在构建和谐社会过程中,诉讼调解受到广泛关注。根据现行法律的规定,在一般民事诉讼案件中,尽管当事人之间达成了调解协议,但在调解书送达与签收前可以反悔。这种反悔制度存在欠缺。诉讼当事人合意达成调解协议,意味着利益可以平衡;且调解协议应诚信履行,因为诚信包含了深刻的道义基础。故应建立诉讼调解协议签名或盖章生效制度,取消调解反悔制度。这有益于和谐社会的建设。
In the process of building a harmonious society, litigation mediation has received widespread attention. According to the provisions of the existing laws, in general civil litigation cases, although the parties have reached a settlement agreement, they can go back to their place before the service of the conciliation service is reached and the sign-up process is completed. This system of regret is flawed. The parties’ willingness to agree on a mediation agreement means that the interests can be balanced; and that the mediation agreement should be implemented with integrity because integrity contains a profound moral foundation. Therefore, a system of signing or sealing the lawsuit mediation agreement should be established to cancel the conciliation and regret system. This is good for building a harmonious society.