A Study On The System Of Prosecutorial Supervision Of Mediation In Civil Litigation

At present, China is establishing the socialist rule by law and constructing the socialist harmonious society. There is a tendency for multiple solutions to civil disputes. Among these solutions, mediation of civil litigation has an important position. The mediation of civil litigation is characteristic of low cost, flexibility and quickness, harmonious process, etc. It is essential to settling disputes timely and effectively, and maintaining social harmony as well. With the increasing rate of settling cases through the mediation of civil litigation, the cases settled through mediation have more and more problems because there is no effective mechanism of supervision and control and the abuse of judicial power in the process of mediation cannot be effectively regulated. In China’s Civil Procedural Law, the stipulations concerning prosecutorial supervision in civil litigation are the systematic design for guaranteeing the people’s courts to exercise judicial power in accordance with law and to correctly implement law. In the Civil Procedural Law modified in2012, the scope of the supervision of prosecutorial organizations has been expanded. It makes prosecutorial organizations’supervising mediation of litigation explicit and includes the written mediation of civil cases of people’s courts as objects of prosecutorial protests. Thus it provides grounds for prosecutorial organizations to supervise the people’s courts’ mediation of civil litigation and fills the gap of prosecutorial supervision of mediation in civil litigation effectively. The thesis starts from the concept of the prosecutorial supervision of mediation of civil litigation, makes a comparative study of the relevant legislation in foreign nations. Then it makes an overall analysis of the current situation and its existing problems in China, and puts forward suggestions for improving the system on the basis of the analysis. It hopes to be helpful to constructing the mechanism of prosecutorial supervision of mediation of civil litigation, which conforms to China’s conditions, and performing the function of prosecutorial supervision empowered by the modified Civil Procedural Law effectively.