Research On Civil Mediation Procuratorial Supervision System In China

As a special mechanism to resolve civil disputes,civil mediation system plays an important role in solving civil disputes between parties effectively.It is of irreplaceable significance to resolve many social contradictions,to promote the settlement of various civil litigation problems,to realize the settlement of cases,and to promote the harmonious and stable development of society.But civil mediation system in the judicial practice has many problems,such as due to the lack of the supervision of civil mediation system,causes the judicial use of the judicial power,moreover the abuse of judicial power,in the face of such judicial status quo,and in2012 the new "civil procedure law" formal regulation should make the procuratorial supervision of civil mediation system.From the perspective of legislation,the author has made clear provisions on the civil mediation procuratorial supervision,which has provided favorable support and legal guarantee for procuratorial organs to carry out the work of civil mediation supervision.This paper discusses the civil mediation supervision system in China from the following four aspects:The first chapter deals with the basic overview of civil mediation procuratorial supervision system in our country,based on the concept and nature of the mediation system in China,due to the continuous development of mediation system,therefore,in the process of its development need to be procuratorial supervision,thus raises the article topic.Again to our country civil procuratorial supervision system on the basic concept and basic principle,from two aspects: legal basis and legislative basis to discuss civil mediation procuratorial supervision system in our country,it is a process of constant breakthroughs and progress.The last section of this chapter is about the significance of the existence of the supervision system of civil mediation in our country,because of its many functions,it needs to be studied.The second chapter mainly introduces the basic operation of the civil mediation supervision system in our country,which is the regulation of the main contents of our country's legislation.This part mainly sorts out its core content and analyzes the launching mode of the civil mediation supervision system in China.Currently,the existing way in our country is to apply and comply with the two categories.To analyze its implementation mode,the existing implementation mode is to raise the protest and the procuratorial Suggestions,which the author thinks can be rich in the way of implementation.Finally,the author wants to analyze the object and the scope of its application.The third chapter the author through to our country civil mediation procuratorial supervision system of the basic,found the many problems exist in the judicial practice,found the problem after the in-depth discussion of these questions,found from the legislation to implement on non-standard place,and will appear the phenomenon of personal abuse of private rights relief,to gain more malicious mediation case,and since the specification of unreasonable which procuratorial organs comprehensive intervention such as judicial problems.Because of these problems,it is necessary to analyze the reasons for its existence.Fourth chapter on the comprehensive study of the topic,discuss Suggestions of perfecting our country's civil mediation procuratorial supervision system,through the reasonable definition of scope of accepting cases,supervise the implementation mode,establish and improve the guarantee mechanism and optimize the environment of supervision way to solve many problems in the former part.Build more perfect civil mediation from various perspectives of procuratorial supervision Suggestions,hope that through this research and discussion on how to perfect the civil mediation procuratorial supervision system in China's development.