Study On The Improvement Of The Procuratorial Supervision System Of Civil Lawsuit Mediation In China

The balance of justice and efficiency is the basic value pursuit of the modern rule of law society. Facing the diversity of social disputes, the complete dispute resolution mechanism is necessary. Civil lawsuit mediation system in our country, in essence, is also a kind of civil judgment plays a role of complementary and alternative dispute resolution methods, therefore, is indispensable to modern multiple dispute resolution mechanism of organic component. But our country's civil lawsuit mediation system on the legislative provisions are too principled, does not favor the specific operation, thus lead to problems in the judicial activity mediation cases are generated. Concrete such as the new "civil procedure law of the relevant provisions of the civil mediation procuratorial supervision adopts extensive legislation, the law applicable to dispute,concepts, and a series of difficult problems. Such as the body of the "discovery"defined in article two hundred and eight of procuratorial supervision way, the definition of "national interests and social public interests" is related to how do you determine the scope of procuratorial supervision, and the provisions of the procuratorial supervision and the specific procedures such as civil mediation also has shortcomings, to leave a lot of discretionary space procuratorial organs exercise the supervision.In this paper, the text includes four parts, the first part is about the general overview of the procuratorial supervision in civil lawsuit mediation system, firstly, what is a civil lawsuit mediation system of procuratorial supervision, followed by the analysis of civil lawsuit mediation procuratorial supervision from the general characteristics and principles of legal supervision; The second part sums up the procuratorial organs to civil lawsuit mediation system to supervise the unique value of, for the maintenance of the justice of the whole country, set up and strengthen judicial authority has irreplaceable significance; The third part objectively analyzed the existing problems in the system of our country's civil lawsuit mediation procuratorial supervision, as well as the cause of all kinds of problems; The fourth part sums up the current law and judicial interpretation about civil lawsuit mediation still exists defects in procuratorial supervision law and realistic problem, put forward the corresponding perfecting suggestion, hope in the future legislation to expand the scope of procuratorial supervision of civil lawsuit mediation, such as "the civil procedure law," "damage to national interests and social public interests" the conciliation statement, increase types including "damage a third person legitimate rights and interests", make case outside the third person relying on the procuratorial supervision system to obtain relief; Pay attention to distinguish the protest and procuratorial suggestion is suitable for various types of mediation cases; Establishment the mechanism of cohesion, to ensure that procuratorial supervision in civil lawsuit mediation system to comprehensive, accurate and effective implementation.