On The Procuratorial Supervision System Of Civil Litigation Mediation In China

When the current “Civil Procedure Law” was revised in 2012,the stipulations in Article208 on Supervision over Prosecution Conciliation were added,and the authority of the Prosecutor's Office for procuratorial supervision of litigation mediation was clearly given in legal form,and the Supreme People's Court applied the The interpretation of the Civil Procedure Law of the People's Republic is detailed here in 2015.At this point,our country's civil litigation mediation procuratorial supervision system was formally established.Although the legislative and judicial interpretations have made provisions,they have not ended many disputes concerning the supervision and supervision of litigation mediation.At the same time,new disputes regarding the object,scope,and methods of supervision have been triggered.In detail,on the monitoring object,in addition to mediation documents,it is controversial whether the effective mediation agreement or the transcript of the mediation should be supervised;on the grounds of supervision,in addition to damaging the national interests and statutory supervision of social and public interests,it will damage the collective interest and violate.It is also controversial whether the principles of voluntariness,harming the legitimate rights and interests of third parties,or the interests of vulnerable groups should be included in the scope of supervision.In judicial practice,the Procuratorate has supervised these matters,and there is no clear basis for legislation;the Procuratorate overly relies on the supervision of protests.Ways to supervise,but the effect of monitoring by applying the prosecution advice is not good.Under the new situation of fraudulent lawsuits showing high incidences and increasing number of judicial system reforms and reforms of the state supervision system,based on the current status quo,the reasons for disputes and problems in the theoretical and judicial practice of the system are analyzed in depth from the legislative and institutional levels.Summing up the existing experience and proposing to expand the monitoring object from the legislative level to the mediation agreement and the recording of the mediation;the supervisory cause increases several violations of the mandatory provisions of the law and damages the legitimate rights and interests of the third party.At the same time,it is clear that the litigation mediation is not suitable for violating voluntariness at this stage.Principles,violations of social morality,damage to the collective interest are included in the scope of supervision;The way of supervision in accordance with authority and the application of two kinds of methods to initiate supervision procedures shall be given equal importance.The procuratorate shall supervise by appropriate means “according to the circumstances of the case” in order to be able to To take full advantage of the supervision role of the Procuratorate can help improve the system of procuratorial supervision of the mediation of civil lawsuits,enable the litigation mediation system to play its due value,and make due contributions to the improvement of diversified dispute resolution mechanisms and proper resolution of civil disputes.The article is divided into three parts.The first part examines the problems existing in our country's civil litigation mediation procuratorial supervision system from twoperspectives of theory and judicial practice.Theoretically,it mainly introduces the long-standing disputes over the object and subject matter of the supervision of the litigation mediation.In the judicial practice,the Procuratorate has supervised the litigation and mediation beyond the current “Civil Procedure Law” to damage the national interests and the public interests.In both cases,and in the implementation of the monitoring process,it also faces challenges such as investigation.The second part starts from the legislative and institutional aspects,and analyzes the reasons for the problems existing in the prosecution supervision of litigation mediation in China at the current stage.Legislation is not clear,the scope of supervision is too small,the contradiction between “limited supervision” and “overall supervision”,and the lack of human and material resources for procuratorates are the main reasons for the above-mentioned problems in litigation mediation.In the third part,based on the analysis of the problems and the reasons,the three aspects of the litigation mediation procuratorial supervision are the starting point,the supervision mode,and the scope of the supervision.The specific rules of the procuratorial supervision system of litigation mediation in our country are constructed and improved.