论虚假民事调解书检察监督的扩张与限缩

On the Expansion and Limitation of Prosecutorial Supervision of False Civil Mediation

现行民事诉讼法将调解书作为检察监督对象,规定了仅对涉及损害国家利益和社会公共利益调解书的有限监督,但迄今司法实务中仍存在对侵害第三人利益的虚假调解书进行检察监督的情况,在一定程度上突破了现行法律规定,不符合检察监督的谦抑性原则。但是,鉴于近年来双方当事人恶意串通骗取法院民事调解书的情况屡见不鲜,已经发展成为一个亟须解决的社会问题,不仅损害其他当事人的合法权益,也损害了生效民事调解书的司法公信力,确有必要强化对虚假民事调解书的监督。本文将围绕是否应当放宽检察机关这一领域的监督范围及如何加以必要的限制避免破坏诉讼平衡进行分析。

The current Civil Procedure Law regards the mediation book as the object of prosecutorial supervision, and stipulates limited supervision of mediation books involving damage to national interests and social public interests. However, there is still a false mediation book on the interests of third parties in judicial practice. The situation of prosecutorial supervision has broken through the existing legal provisions to a certain extent and does not conform to the principle of modesty of prosecutorial supervision. However, in view of the fact that in recent years, the malicious collusion between the two parties to defraud the civil mediation book of the court is not uncommon, it has developed into a social problem that needs to be solved, which not only damages the legitimate rights and interests of other parties, but also damages the judicial credibility of the effective civil mediation book. It is necessary to strengthen the supervision of false civil mediation. This article will focus on whether the scope of supervision of the procuratorate in this area should be relaxed and how necessary restrictions should be placed to avoid disrupting the balance of litigation.