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社会和谐政治形势的加温,使民事诉讼调解得到了强势反弹。诉讼调解的强势凸显了诉讼调解民事检察监督的弱势,由于相关立法的模糊、检法两家认识的差异,一直以来,对民事诉讼调解进行检察监督的讨论多于实践,分歧多于合作。以民事检察监督的视角,审视强势诉讼调解产生的问题点,有助于思考新时期诉讼调解民事检察监督的理性构建。
The warming of the social and harmonious political situation brought a strong rebound in the mediation of civil litigation. The strong litigation mediation highlights the weakness of litigation mediation and civil prosecutorial oversight. Due to the vagueness of the relevant legislation and the differences between the two prosecutors and prosecutors, there has been more discussion on procuratorial supervision of civil litigation mediation than in practice, with more disagreements than cooperation. From the perspective of civil prosecutorial supervision, examining the problems arising from the mediation of strong lawsuits helps to think about the rational construction of civil procuratorial supervision of lawsuit mediation in the new period.