Research On Civil Proceedings Mediation Inspection And Supervision

Civil mediation system, as an important system in our civil proceedings law, is an important means to solve civil dispute between parties. It has important practical significance to solve civil dispute timely and effectively and maintain the social harmony. With the civil proceedings mediation rate rising, because there is not an effective supervision and restriction system in civil proceedings mediation to regulate effectively abuse of judicial power during civil proceedings mediation, more and more problems occur in the ending cases after mediating. In 2011, Several Opinions on Legal Supervision over Civil Trial Activities and Administrative Proceedings (for Trial Implementation) signed by the Supreme People’s Court and the Supreme People’s Procuratorate, definite that procuratorial organ can supervise the legally effective civil mediation. In 2012, the second amendment of civil proceedings law, for the first time, in the form of legal provisions, clearly gives procuratorial organ the rights of legal supervision civil proceedings mediation, and procuratorial organ has the right to protest the people’s court civil mediation letter, which from a view of the law, makes procuratorial organ has the right of supervision the people’s court civil proceedings mediation, fills effectively the blank of civil proceedings mediation inspection and supervision.On Feb.4th,2015, Interpretation of the Supreme People’s Court on the Application of the People’s Republic of China Civil Proceedings Law states in more details of procuratorate civil mediation supervision work, provides a new opportunity and effective support to carry out the civil mediation inspection and supervision work. This paper, from the concept of civil proceedings mediation inspection and supervision, based on generally analysis about our country’s civil proceedings mediation inspection and supervision legislation present situation and existing problems, suggests to further improve our civil proceedings mediation inspection and supervision system, in order to benefit for playing the role of our civil proceedings mediation inspection and supervision function.