On Procuratorial Supervision Of False Mediation In Civil Lawsuit

In judicial practice,based on the "false mediation case" caused many have occurred,it is not only a waste of judicial resources,but also cause damage to the dignity of the judiciary and judicial credibility.For the supervision of false mediation,there are usually two ways,one is through the court to review the evidence in a civil trial,the investigation found,and shall be treated in accordance with the provisions;the other is the procuratorial organs according to the statutory functions of the court to supervise the conduct of the trial,corrected through litigation supervision.In contrast,the supervision of the procuratorial organs is more professional,more effective.But the prosecution supervision of mediation is not false.Because the law limits the pink of perfection,The judicial practice of legal understanding of the differences,the procuratorial organs in the scope of supervision,there are still some deficiencies in the means and result in procuratorial supervision of false mediation does not form an effective supervision situation,false mediation to a certain extent is still popular.In order to procuratorial supervision on false mediation were analyzed deeply,the use of the literature research method,case analysis and empirical research method,starting from the judicial case,leads to the problem,through the basic theory of the false mediation,a detailed analysis of the false mediation of procuratorial supervision legislation and judicial status,the procuratorial organs are lack of play function,.Observe the effect suggested weakening,procuratorial supervision has not yet formed a resultant force of supervision and other issues,focusing on the understanding of the "two benefits" mediation damage range,harm the interests of the third parties can supervise the litigant to apply the principle of understanding the differences of these difficulties,and give full play to the function of procuratorial supervision,procuratorial supervision form effective judicial ability,remodeling of the false the mediation range of prosecutorial supervision suggestions and methods of forming the procuratorial supervision ability,is conducive to building effective supervision to the false mediation pattern,strengthen supervision of quality and efficiency.