Research On Procuratorial Supervision System Of Civil Mediation

Civil mediation procedure is all the parties in dispute in court presided over the mediation, straighten out the relationship of rights and obligations between the parties to the dispute, put forward the solution to calm, to meet the interests of all parties in the litigation process requirements. In this process, the parties dispute settlement agreement reached by the court shall be responsible for making arrangements often, and has the force of law, the parties involved in the protocol can effectively constrain the parties. If the civil mediation as compared with general civil trial procedure, whether the two settings in the program participants status, or from the effectiveness of legal instruments on, are similar, so the author put forward greatly, can the civil mediation activities can be regarded as a kind of special civil trial activities. According to the law of our country, the procuratorial supervision is an important principle in civil proceedings, thus applicable procuratorial supervision principle of course is inevitable in the civil mediation activities. The present civil procedural law in the208th article of the procuratorial supervision of civil litigation activities of the principle and the corresponding system in detail the provisions of the procuratorial supervision system in become a milestone in the development of our country, to promote judicial justice, promote social harmony have extraordinary.The first part is summary of civil mediation procuratorial supervision, the paper expounds the meaning of the procuratorial supervision of civil mediation, civil mediation procuratorial supervision on the basis of procuratorial supervision and civilian law establish civil mediation;The second part summarizes the content of the civil mediation procuratorial supervision system. This part tries to through the analysis of the basic principles of civil mediation procuratorial supervision of procuratorial supervision, civil mediation startup conditions, the scope of procuratorial supervision of civil mediation, civil mediation of procuratorial supervision way to generalize and summarize the content of the procuratorial supervision of civil mediation.The third part summarizes the judicial practice of civil mediation procuratorial supervision system in China. The first part expounds the present practice of civil mediation procuratorial supervision system, then one by one, this paper analyzes the existing problems in the judicial practice in China and difficulties.The fourth part is the understanding of civil mediation procuratorial supervision system and refine and foresight. This part of the procuratorial supervision system in a summary of the current civil mediation, on the basis of the elaboration of civil mediation procuratorial supervision Suggestions and supporting measures in the judicial practice.