论虚假调解的检察监督

Procuratorial Supervision over Seeming Conciliatio

当前虚假调解案件已成为扰乱我国司法秩序的一大顽疾,亟需得到有效治理。囿于当前法院的自我监督和案外第三人应对虚假民事调解措施的乏力,有必要发挥检察监督的制度优势对虚假民事调解予以规制。然而,虽然我国新修改的《民事诉讼法》明确规定了检察机关有权对民事调解活动进行监督,但由于司法实践中存在监督职能错位、监督方式单一以及监督效力不足等问题,虚假调解的检察监督制度还有待进一步完善。

Cases of seeming conciliation have become a persistent ailment that disturbs the judicial order of our country. The situation needs our immediate and efficient control. As the court＇s self-supervision and a third party who is not directly involved in a litigation lack efficient response to seeming conciliation in civil cases, we need to give play to the advantageous system of procuratorial supervision to regulate seeming conciliation in civil cases. Though our newly-revised Civil Procedure Law clearly prescribes that procuratorial organs have the power to supervise conciliation in civil litigation, the system of procuratorial supervision over seeming conciliation has to be further improved due to the twist of supervisory functions in our judicial practice, the single-way supervision mode and the lack of effective supervision.