Civil Administrative Mediation Mechanism Study Of Procuratorial Work Priority

With the economic and social development, the number of civil lawsuits booming, how to timely and effectively mitigate the conflict to realize fair justice, is the current political and legal work in the important task. Procuratorial supervision of civil administration, as the procuratorial organs legal supervision is an important part of the work and the promotion of civil justice to realize fair justice plays an important role. China’s current civil procedure law and the administrative procedure law of the general rules are prescribed procuratorial organs shall have the right to the civil trial and exercise legal supervision over administrative litigation, from the law procuratorial organs of the legal supervision widely permissions. Civil administration procuratorial work has some particularity, in the work to carry out mediation first principle is a new idea. On December22,2009CaoJianMing inspector general in the procuratorial organs in the study and implementation of the national political and legal work conference spirit of the conference speech offered to further strengthen the civil trial and supervision of administrative litigation, regulate and strengthen the administrative appeal civil case acceptance, review, set up and improve coordination mechanism to subordinate procuratorate handling, actively explore jointly with the relevant departments to carry out mediation mechanism of the priority principle and method, do take sentenced to XiSu etc.This paper points four part of the paper topic.The first part is the procuratorial organs of the priority principle of mediation overview, through discussing the concept of mediation and conciliation the meaning of the priority principle, and further points out that procuratorial organs of the priority principle of mediation of meaning and civil administration procuratorial work into the theoretical basis of the priority principle of mediation.The second part is the civil administration procuratorial work the priority principle apply conciliation foundation of reality, through discussing the procuratorial organs mediation MinHang case of to the solution of the conflict and social stability; The procuratorial organs by special agencies responsible for MinHang protest, MinHang legal professional knowledge deep, suitable for bear mediation; The procuratorial organs of justice to the parties to accept and recognition image to show that the procuratorial organs apply conciliation the feasibility of the priority principle and suitable for further promotion is applicable.The third part is the our country civil administration apply conciliation of procuratorial work the priority principle of the current situation and existing problems, through the analysis of the our country civil administration apply conciliation of procuratorial work the priority principle of the current situation and existing problems for the future MinHang procuratorial work the priority principle apply conciliation much more experience.The fourth part is civil administration procuratorial work the priority principle of mediation of operation mechanism and the way. Summary MinHang procuratorial work mechanism of the priority principle of mediation, further and court do before and after the court court mediation, and active play to the role of procuratorial organs itself, to protest the mediation and conciliation of an application for return visit to work.