论民事诉讼虚假调解的检察监督
发布时间：2018-10-20 09:01
【摘要】：虚假调解现呈高发之态,在学界引起了激烈的讨论,司法机关对之更是重视。为了对虚假调解行为进行规制,立法机关在新的民事诉讼法中,将调解书纳入了监督的范围,进一步明确了检察机关对该行为进行监督的主体地位,也使得以往主要是法院对调解书进行监督的体系得到更加的完善。虚假调解行为的频发,对司法秩序造成了巨大的危害,更是加重社会诚信危机。但实践中要识别该虚假调解行为并非易事,需要准确把握其特征和表现形式,此外还应深入挖掘诱发该行为的原因,如此才能更好对其进行打击。因为调解制度本身存在着不足,加之违法成本又低,让虚假调解行为人更加肆无忌惮。虽然立法将调解书纳入了检察监督的范围,但实践中,调解书监督范围不明确、检察机关启动监督的方式有限和法律惩戒体系不完备等等都是亟需解决的问题。因此,我们要完善相关立法,增设虚假调解侵权赔偿制度,加大对虚假调解行为人的经济惩罚力度,此外,检察机关和法院还应增强自身对各类媒体的利用能力.,善于利用媒体黄金时段加大对公众宣传相关监督信息,使更多的人了解检察机关对虚假调解监督这项工作,从而拓宽申诉渠道,最后,各大司法机关还应构建联动协作机制,以此更好对之进行规制。
[Abstract]:False mediation is now in the form of high incidence, which has aroused intense discussion in academic circles, and the judiciary has paid more attention to it. In order to regulate the act of false mediation, in the new law of civil procedure, the legislature brings the mediation document into the scope of supervision, and further clarifies the principal position of the procuratorial organ to supervise the act. It also makes the system of supervision of mediation documents more perfect in the past. The frequent occurrence of false mediation causes great harm to the judicial order and exacerbates the crisis of social integrity. However, it is not easy to identify the false mediation behavior in practice, it is necessary to accurately grasp its characteristics and manifestations, in addition, we should dig deeply into the causes of inducing this behavior, so as to better crack down on it. Because of the deficiency of mediation system and the low cost of illegal mediation, the false mediator is more unscrupulous. Although the legislation brings the mediation statement into the scope of procuratorial supervision, in practice, the scope of supervision of mediation document is not clear, the way that procuratorial organs start supervision is limited, and the legal disciplinary system is not perfect, and so on, which need to be solved urgently. Therefore, we should perfect the relevant legislation, set up the system of compensation for false mediation infringement, increase the economic punishment of the false mediation actor, in addition, Procuratorial organs and courts should also enhance their ability to use all kinds of media. They should be good at making use of the prime time of the media to publicize relevant supervisory information to the public, so that more people can understand the procuratorial organs' work of supervising false mediation. Finally, the judicial organs should construct the coordination mechanism to regulate it better.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.1
本文编号：2282677
[Abstract]:False mediation is now in the form of high incidence, which has aroused intense discussion in academic circles, and the judiciary has paid more attention to it. In order to regulate the act of false mediation, in the new law of civil procedure, the legislature brings the mediation document into the scope of supervision, and further clarifies the principal position of the procuratorial organ to supervise the act. It also makes the system of supervision of mediation documents more perfect in the past. The frequent occurrence of false mediation causes great harm to the judicial order and exacerbates the crisis of social integrity. However, it is not easy to identify the false mediation behavior in practice, it is necessary to accurately grasp its characteristics and manifestations, in addition, we should dig deeply into the causes of inducing this behavior, so as to better crack down on it. Because of the deficiency of mediation system and the low cost of illegal mediation, the false mediator is more unscrupulous. Although the legislation brings the mediation statement into the scope of procuratorial supervision, in practice, the scope of supervision of mediation document is not clear, the way that procuratorial organs start supervision is limited, and the legal disciplinary system is not perfect, and so on, which need to be solved urgently. Therefore, we should perfect the relevant legislation, set up the system of compensation for false mediation infringement, increase the economic punishment of the false mediation actor, in addition, Procuratorial organs and courts should also enhance their ability to use all kinds of media. They should be good at making use of the prime time of the media to publicize relevant supervisory information to the public, so that more people can understand the procuratorial organs' work of supervising false mediation. Finally, the judicial organs should construct the coordination mechanism to regulate it better.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.1
【参考文献】
相关硕士学位论文 前4条
1 邹娟;虚假诉讼罪疑难问题探析[D];华东政法大学;2016年
2 孙兰晶;民事诉讼虚假调解的程序应对[D];黑龙江大学;2015年
3 焦国宏;民事检察调查核实权问题研究[D];河北大学;2013年
4 陈浩;民事诉讼虚假调解研究[D];南京师范大学;2011年
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