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Research On Procuratorial Supervision Of Civil Mediation

Posted on:2022-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:L HanFull Text:PDF
GTID:2506306512958999Subject:Master of law
Abstract/Summary:PDF Full Text Request
As an ancient way of dispute resolution,the mediation system has been developing and improving in the long history of more than 2000 years in China,and has become a mechanism that has a profound impact on China’s dispute resolution.At present,the mediation system led by courts at all levels is one of the important ways to solve civil disputes.With the increasing complexity of civil disputes,the mediation system has gradually exposed many problems.Some people use the mediation system,malicious mediation,false mediation,seriously damage the interests of the state,the public and the third party.This puts forward new requirements for the development of the mediation system.While giving full play to the role of mediation,it also prevents others from maliciously using the mediation system to seek illegal interests.The revised civil procedure law in 2012 formally establishes the procuratorial supervision system of civil mediation,and clarifies the supervision power of procuratorial organs on civil mediation from the legislation.The establishment of this system expands the scope of procuratorial supervision and brings the procuratorial supervision of civil mediation into the system of civil procuratorial supervision.As a new system,in judicial practice,there are some problems,such as weak operability,lack of response mechanism for procuratorial suggestions,etc.,which lead to the actual operation of the system,it is difficult to fully achieve the expected goal.Through the comprehensive analysis of the procuratorial supervision system of civil mediation,this paper fully demonstrates the necessity of this system,expounds the content of the system in detail,uses big data for empirical analysis,and explores the problems existing in the actual operation of this system,so as to put forward suggestions to solve the problems,improve the procuratorial supervision of civil mediation,and finally let the mediation system give full play to itself It’s a great advantage.
Keywords/Search Tags:Civil mediation, Procuratorial suggestion, Scope of supervision, Protest, Procuratorial supervision
PDF Full Text Request
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