On The Procuratorial Supervision Of Lawsuit Mediation

The rejuvenation of lawsuit-mediation triggers a number of drawbacks at present, which have never been satisfactorily tackled. This dissertation attempts to solve this problem through introducing the procuratorial supervision mechanism.Retrial procedure is difficult to start, so the improper mediation cannot get effective constraints. The separation of court-conciliation and trial procedure is also difficult to be an ideal system. Should the procuratorate institution conducts supervision against mediation stirs a lot of controversy. In my opinion, the procuratorial supervision over the lawsuit-mediation is necessary. There are two reasons. First, the involvement of procuratorial supervision does not conflict with the disposition and independence of the judiciary. Second, improper mediation has caused serious damage to voluntary principle and legitimate principle.The circumstances of procuratorial supervision over lawsuit-mediation should be specified and the scope should be strictly defined. The start of procuratorial supervision should take stakeholders' appeal as principal, and take the initiative to supervise as a supplement. In addition, the start should be constrained by prescription and time. At present, the procurator can use procuratorial suggestion in order to implement supervision on lawsuit-mediation. In the long run, the Procurator should be given the right, explicitly in the legislation, to lodge an appeal against lawsuit-mediation.After the Procurator's protest, the court should retry the case. In order to intensify its supervision, the Procurator should be given the right to investigate and collect evidence and the right to participate in retrial proceedings. The retrial court should be at the same level with the procurator for eliminating interference. As long as the court follows the voluntary principle and legitimate principle, the case can still end in mediation. No matter the case ends by mediation or judgment, the retrial should be limited to one time only.