On The Prosecutorial Supervision Of Civil Mediation Agreement

Before the new Civil Procedure Law being introduced in our country, the academia hasbeen engaged in a heated discussion whether the procuratorial organ has the right ofprosecutorial supervision to conciliation statement. The new Civil Law clearly stipulated thatprocuratorial organ has the right of prosecutorial supervision to conciliation statement. TheSupreme People’s Procuratorate released a document People Procuratorate Civil ActionSupervision Rules (Trial), made a clear stipulate regulation on November19th,2013. How theregulation will be effectively applied to reality, and better to carry out the procuratorialsupervision of the conciliation statement in practice has become an urgent realisticproposition. In this paper,"On the procuratorial supervision of civil conciliation statement" astitle, adopt literature analysis and review, professional practice, visited investigation, casetext analysis research method, etc; Based on the theoretical and practical issues discussionsrelated to prosecutorial supervision of civil mediation, propose and demonstrate a perfectionsystem of prosecutorial supervision to conciliation statement.In addition to the preface and epilogue, the full text is divided into four parts, totallymore than twenty-nine thousand words.The first part is the summary of prosecutorial supervision to conciliation statement. Baseon a clear positioning procuratorial supervision of the conciliation statement basic category,and sort the legislation of the new Civil Procedure Law relating to prosecutorial supervisionto civil conciliation statement, meanwhile, interpretation of the legal basis for theprocuratorial supervision in the conciliation statement; And combined with the reality fromthe illegal civil mediation agreement and involuntary which two demonstrates the realisticnecessity of procuratorial supervision to the civil conciliation statement.The second part is the analysis of the reality of prosecutorial supervision to civilconciliation statement. The legislative thought of ’simple but not detailed’, the regulationsof‘national interests’ and ‘social public interest’ are too general, however, ways of supervisionis still too weak and other ways, this paper discusses the defects of legislation of civilprosecutorial supervision to conciliation statement; Pointed out that in practice, it is difficultfor the procuratorial organs to take the initiative to find the case, case investigation is difficult,review time is long, monitoring capacity is inadequate etc; Finally, base on the summaryanalysis of its prosecutorial supervision to civil mediation practice attempt. The third part is the civil conciliation statement of procuratorial supervision theoryperfecting thinking. Based on considerations of practice, prosecutorial supervision of civilconciliation statement oversight is to effectively combat and achieve the goal of the partieswho is malicious or erroneous understanding of the law; The optimization of the unity ofmediation and trial lawsuit pattern; Overcome the phenomenon of alienation that mediationrate to a judge who is driven by the judicial conduct statistical indicators; Effectivelycompensate for inherent defects of the mediation process. In the meantime, attentions shouldalso be paid to clarify the relationship between civil prosecutorial supervision to conciliationstatement with the right of disposing of the parties, court jurisdiction and mediation efficiencyprinciples.The fourth part is the concrete configuration of procuratorial civil conciliation statementperfection. It should be made from two aspects to improve civil prosecutorial supervision toconciliation statement. Firstly, in legislation content, the legal situation of “damage nationalinterest social public interest” should be detailed and offering conciliation statement retrialreview proposal rigidity effect, increase corrective illegal notices and other ways ofprosecutorial supervision. Secondly, in supporting the system, we should enhance thesupervision of the prosecutor engaged in civil prosecution team quality and improve handlingmechanism.