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民事检察调解制度本质上是民事检察监督职能因应形势的必要延伸,其理论基点是在民事检察监督权规制下当事人有限度的意思自治,其司法理念在于检察能动。为推进民事检察调解的制度化建设,亟须在立法层面明确以下内容:一是确定适用的案件范围,二是规范适用的程序设计,三是提供协议履行的制度保障。
The system of civil procuratorial mediation is essentially a necessary extension of the functions of civil procuratorial supervision in light of the situation. The theoretical basis is that the parties have a limited sense of autonomy under the supervision of civil procuratorial power, and their judicial concept lies in that prosecutors can act in an active manner. In order to promote the institutionalized construction of civil procuratorial mediation, it is urgent to clarify the following contents at the legislative level: First, to determine the scope of applicable cases; second, to standardize the applicable procedural design; and third, to provide institutional guarantees for the fulfillment of agreements.