On Procuratorial Supervision Of False Judicial Confirmation Process

The establishment and application of judicial confirmation procedures has promoted the development of diversified dispute resolution mechanisms in China,and is a practical product of resolving the contradiction between litigation and non-litigation.The economy,convenience and efficiency of the judicial confirmation procedure effectively make up for the shortcomings of litigation mediation such as high litigation costs and cumbersome procedures,and give legal coercive force to people’s mediation agreements.With the development of the judicial confirmation system,false mediation,bad faith application for judicial confirmation procedures,and abuse of power by judicial personnel to help applicants make false judicial confirmation have also been exposed in practice.Although some false judicial confirmation procedures can be investigated and dealt with through the review of the court and the reports of relevant personnel,the overall governance situation is not ideal,especially the participation of judicial personnel in false judicial confirmation is more difficult to detect.With the increasingly prominent results of procuratorial supervision of false litigation,the view that procuratorial organs intervene in false judicial confirmation procedures to play supervisory functions has begun to attract attention,but its legality is controversial in theoretical circles and practice.In practice,procuratorial supervision of false judicial confirmation procedures is full of difficulties,the source of leads mainly relies on the reporting and disclosure of interest victims,the inability of procuratorial organs to play active supervision functions in false judicial confirmation procedures,the lack of mandatory power of procuratorial supervision investigation and verification,the single means of procuratorial investigation and verification,and the rigidity of procuratorial recommendations are obstacles on the road to handling such cases.Therefore,this paper conducts research and analysis on the procuratorial supervision of false judicial confirmation procedures,analyzes the dilemma of procuratorial supervision in such cases,and puts forward suggestions for improvement.It has theoretical and practical significance for enriching the types of procuratorial supervision of false litigation and improving the procedures for false judicial confirmation.The text of this article is divided into four parts.In the first part,the concept of false judicial confirmation procedure is summarized by sorting out the meaning and value analysis of judicial confirmation procedures related to false judicial confirmation procedures one by one,and concludes that judicial confirmation procedures have the possibility of false litigation,so as to demonstrate the objectivity of false judicial confirmation procedures as a new theoretical concept.At the same time,by analyzing the characteristics and current situation of false judicial confirmation procedures,the following analysis of the feasibility of procuratorial supervision intervention in false judicial confirmation procedures is drawn.In the second part,the successful cases of procuratorial supervision of false judicial confirmation procedures are used to introduce the current situation of procuratorial supervision cases of false judicial confirmation procedures.Based on the analysis of the current situation of procuratorial supervision,complete the analysis of the feasibility of procuratorial supervision of false judicial confirmation procedures.Carry on the top and bottom,paving the way for the analysis of the third part.The third part analyzes procuratorial supervision according to the dilemma of intervening in false judicial confirmation procedures,mainly from three aspects:the limitations of procuratorial supervision,the limited remedies for victims’ rights,and the low success rate of procuratorial supervision.The fourth part,through the previous analysis,combined with theory and practical experience,puts forward suggestions for improving the procuratorial supervision of false judicial confirmation procedures from the following three aspects.The first is to improve relevant laws and regulations,and cooperate with the improvement of legal regulations on the supervision of false judicial confirmation procedures by procuratorial organs.The second is to increase the probability of procuratorial supervision intervention by broadening the channels of leads.The third is to strengthen the rigidity of procuratorial supervision,investigation and verification,so as to ensure the effectiveness of procuratorial supervision.