The Legitimacy Of The Civil Procuratorial Reconciliation And Perfection Of The System

Civil procuratorial reconciliation is a closing cases method formed by procuratorialorgans of the civil administrative procuratorial department with relentless exploration andinnovation in practice which the parties reach a settlement and the procuratorial organs ofthe civil administrative procuratorial department terminate examination. The methodbreaches out the two patterns of dealing cases results—appeal or not appeal. It also plays animportant role in the saving of judicial sources, guarantee of judicial justice and safeguardof social stability. But in reality, the system of dealing cases has a weak theoretical basis,not unified thinking and lacks orderly operation and sound security.The formal origin of civil procuratorial reconciliation has four branches with thereconciliation system in ancient China and harmonious culture of Confucianism as thehistorical basis, the autonomy of private law as legal foundation, the derivation function ofprocuratorial supervision as the power base, and the multiple dealing methods of disputes asits value. The effect of law force that the civil procuratorial reconciliation brings is similarto the court. The purpose of this thesis is to get legal safeguard for civil procuratorialreconciliation and make a fine scientific development for it under the framework of bothlaw and system through program design and system perfection.