A Study On The Procuratorial Supervision Of False Mediation

china existing of civil mediation system program compared simple,in legal allows of range within,full of consider has party of accord sex,party Zhijian can in legal allows of range within to consultations of way solution disputes,Court as trial subject in mediation of process in the should keep neutral of attitude,from resolve contradictions and solution party of disputes for starting point,full of let mediation system play role,save litigation cost.In judicial practice,courts hear civil cases also tend to use mediation to close note at this stage the Court dealing with the case of the use of mediation to resolve disputes in the process of norm.Mediation system exists for resolving conflicts and maintaining social harmony and promoting economic development has its own role to play.But with the social and economic development,mediation also has some drawbacks in the specific practice,simplification of the use of conciliation procedures between the parties to seek illegal interests are not uncommon,the main form of expression is through the false mediation to assault outside the legal rights of a third person.A false context,there is a challenge to the system,so false in procuratorial supervision is the stage of the conciliation proceedings unavoidable problems,whether in theory or in practice,should strengthen the research on false mediation of procuratorial supervision,address the legislative supervision of legality issues,from theoretical research on prosecutorial supervision put forward reasonable proposals.Civil mediation system allows the parties to resolve the dispute resolving conflicts more convenient,but also reduce the burden on the courts and judges,and judicial resources optimization.But in recent years,false mediation of case in judicial practice in the appeared of frequency increasingly high,and because legislation exists lag,makes false mediation behavior have not to effective of legal supervision,this on need from legal up gives prosecutorial organ on false mediation case of prosecutorial supervision right,let prosecutorial organ for false mediation of case can from legal of level up for supervision,play prosecutorial supervision system of advantage to up to Regulation false mediation of role.The false mediation primarily through the collusion of the parties,the parties reached an agreement,invented a legal fact or evidence,its essence is not disputed between the parties and the dispute,just need to mislead the Court in the form of mediation in favour of their illegal purposes.So for procuratorial supervision of the false mediation requires not only from a legal perspective provides the specific scope of procuratorial organs have the right to exercise supervision,increase the intensity of supervision also of procuratorial organs in the course of operation of the program specifications for detailed requirements,by means of continuous improvement for the false mediation of procuratorial supervision,so as to achieve the purpose of false mediation.This paper to analyze the false mediation from five parts:the first part is false research and methods of mediation,mainly illustrates the false mediation of and present situation of this theory.Overview of the second part of the false mediation,false concepts and elements of mediation are introduced,and the false mediation-related analysis of the concept.The third part describes the causes of the high incidence of false mediation from the mediation system of defects,and judicial mechanisms insufficient,social credit,and analyzed with a high incidence of false mediation.Part four false mediation of procuratorial supervision and the dilemma of,regulation of false prosecution should play a role in the mediation process,for false mediation of procuratorial supervision in the legislation and difficulties in practice.Part v on the false perfection of mediation system advice...