Attorney Mediation System Research

Mediation is the party in the case of the third party intervention, to reach a consensus through the way of resolving the disputes. Types of mediation generally can be divided into people's mediation, administrative mediation and judicial mediation. The Court usually refers to judicial mediation. Judicial mediation means the judicial personnel under the auspices of the trial authority, the parties resolve their disputes through voluntary contradictions, the activities and reached a settlement agreement. But the paper argues that the people's procuratorate. As a part of the national judiciary, people's procuratorate should also have the power of mediation.Conciliation should also fall within the scope of prosecutorial judicial mediation.Moreover, building procuratorial mediation system is not only the improvement of the judicial mediation system,but also The embodiment of the people's procuratorate justice supervision function.The procuratorial mediation system needs the procuratorial supervision function in order to run smoothly. At present, the People's Procuratorate Procurator conciliation are new functions, prosecution has been widely applied in some areas and produced good social effects in practice, it also proves the necessity and feasibility of constructing procuratorial mediation system. However, the imperfect of legislation resulting in the procuratorial mediation system. There have been many debates in the practical application of the process, especially in the absence of clear legal provisions and unified approach to running jobs, justice and the effect of the value of prosecutorial judicial mediation system has been a certain impact. The basic concept of the paper will focus on analyzing procuratorial mediation system, and the reason the prosecution have the right to conduct conciliation explanation. While the nature of procuratorial mediation system, scope and characteristics are discussed. Then, the theoretical basis of procuratorial mediation system as the starting point, demonstrate the value of prosecutorial and judicial legitimacy mediation system. I believe that the Prosecutor General's mediation system in line with China's development is not only the concept of social harmony and economic cost theory, but also conform to the trend ADR Theory. In essence a procuratorial mediation system or prosecutorial oversight functions extend.Finally, I will practice case related empirical analysis, summarized the problem faced by the procuratorial mediation system, summed up the reasons for these problems,and from the concept of law enforcement, judicial effectiveness of the work of running the system and mode of operation and other aspects of the prosecutorial reasonable mediation system recommendations, in order to make the procuratorial mediation system under the condition of without violating the basic principle to develop and perfect. Due to space limitations, this article on the part of the problem did not involve the procuratorial mediation system, but I will continue to further expand research ideas, trying to make procuratorial research results and judicial mediation system value can be realized in practice.