Prosecutorical Supervision Of Court Mediation

Court mediation to resolve disputes in its fast, convenient, and other advantages, highly pro-gaze judicial practice, but with practice depth, court mediation also exposed many problems, mediation damage voluntary and legal principles have occurred, wether the parties or the court, exist illegal possibility in the court mediation.Existing oversight of court mediation activities, whether it is the supervision of the parties, the Third Party supervision, or supervision of the court itself can not completely solve the problems of court mediation. From the legal and practical needs, the implementation of prosecutorial supervision of court mediation is a good policy.The modification of "Civil Law" give a clear prosecutorial supervision of court mediation system in 2012, increasing the prosecution at court level, the proposed investigation and prosecution the right mode of supervision of supervision, which is a significant progress in legislation. But prosecutors in the court-supervised mediation legislative oversight of the aspects of the start, scope, methods and means stil existl vague or vacancy. In practice, there are also many difficulties in the prosecution case to discovery the error, there are difficulties on the facts and evidence in the investigation difficult, the supervised way also affect the effectiveness of supervision, with the rising challenges.The implementation of prosecutorial supervision of court mediation, is the behavior of the nature of the mediation by the court trial and desirable combination of decision, the status quo of its operational requirements and effectively compensate for the effect of other methods of supervision, in law and practice is feasible. Start,we must distinct the private interest and the public interest; In monitoring the range, accord the principle elements of mediation specifically to define; In monitoring mode, differentiate between the welfare-based protest and private interest-based monitoring and the supervision of the way the system; On the monitoring tools, detailed evidence of investigations of specific operational requirements; In monitoring time, establish full supervision and after supervision combined monitoring period with specific implementation measures.