法院调解的检察监督问题探析

Analysis of the Prosecutorial Supervision of Court Mediation

一直以来,法院调解的检察监督问题存在很多争议。新《民事诉讼法》在立法上明确了检察机关有权监督法院调解,并对监督方式、监督对象作了相应规定。不过,区区几个条文,且略显简单的规定,并不能彻底解决法院调解的检察监督在新法实施过程所可能遇到的问题。对于监督对象、监督时机、监督方式和监督保障的规定,还需进一步完善、细化。

Procuratorate supervision of court mediation has been questioned for along time. The new Civil Procedure Law has entitled the procuratorial organ the right to supervise, made corresponding provisions of the method and object for supervision. However, just a few provisions, and somewhat simple rules, can not completely solve the problem ofprosecu- torial supervision of the court mediation that may arise in the implementation of the new law. Further refinement of object, timing, method and guarantee ofsuoervision is still needed.