Research The Problem Of The Civil Prosecutorial Supervision

As the means of the civil prosecutorial supervision, the Civil Prosecutorial Mediationhas been widely used in the daily practice of Prosecutor’s Office, which has alreadyresulted in a positive way and proved to be necessary and practical. Due to the lack oflegislation, the issue of how should the prosecutors apply the civil prosecutorialmediation to real practice remains an unsettled problem. However, it doesn’t mean thatthere is no rule to follow in practice. When applying the civil prosecutorial mediation toa pending case, officers basically rely on the general principle of the Constitution andCivil Procedure Law and their own understanding of the mediation system as guidance.The absence of settled black-white law and standardized regulation has caused anadverse influence to the extent of the goals of the civil prosecutorial supervision and theoverall unity of justice.In the following article, the writer discusses the value of the civil prosecutorialmediation system by analyzing the legal theory and the legality of the CivilProsecutorial Mediation System. On the contrary, years of practices have revealedseveral problems regarding the Civil Prosecutorial System as well. Therefore, the writerhas made several reasonable and practical suggestions of improvement and perfectionafter analyzing the problems.First, the writer agrees with the civil prosecutorial mediation system in general. Basedon that affirmation, the writer has made an analysis about the legality and value of thesystem. The writer believes that the civil prosecutorial mediation system complies withthe economical theory of saving the cost of litigation, and is also consistent with thecore of the parties’ self-intent and the principle of alternative dispute resolution. Then,there is a summarization of the applicable categories of the civil prosecutorial mediationsystem in the following paragraphs. At last, the writer summarizes the now existingCivil Prosecutorial Mediation theories and comes out of a suggestion of the principlesof legality, due process and efficiency. In addition, the writer then makes somereasonable and practical suggestions concerning the unsolved problems pertinent to theCivil Prosecutorial Mediation System. This article basically suggests that the mediationsystem be formally established and confirmed through litigation; the mediation systemshould be enforceable and authentic under the law; and establish a procedural regulation regarding the civil prosecutorial medication system, the writer has listed seven of whichand discussed in detail.By discussing the issues in this article, the writer truly hopes that the legislator wouldpass a detailed regulation which is in accordance with the principles of Constitution andin favor of the practice of mediation system, which not only would keep the mediationsystem within the prosecutorial function but also capable of improving its efficiency tothe largest extent.Since the writer had to keep this article to certain pages in length, there are a lot moreissues regarding the Civil Prosecutorial mediation system have not been discussed here.However, the writer will study the topic and issues in depth continuously, and broadenthe research so that the result can fit with the legal practice matters better.