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抗诉再审调解作为一种民事行政审判结案方式,目前在我国司法实践中得到一定的应用,它既是化解中国现阶段社会矛盾的举措,亦反映出司法理念的进步。其价值主要体现为:减少当事人的诉累,缓和利益与感情冲突;推动检法机关加强司法公正,提高工作效率,恪守司法为民的准则;有利于实现法律效果与社会效果的统一。从检法协作的视角来讲,抗诉再审调解机制的建构,应从培养调解意识与锻炼调解能力,探索建立协作式工作机制,合法行使法律赋予的审判监督权力,并应处理好司法权与当事人处分权、检察监督权与法院审判权、当事人自益性与他益性等几组关系,以调控这种工作机制的限度。
As a way of settling civil administrative trial, the mediation of retrial of appeal is currently used in judicial practice in our country. It is not only an initiative to resolve the social contradictions in China but also reflects the progress of judicial concept. Its values are mainly reflected in the following aspects: reducing litigants’ complaints and alleviating conflicts of interests and feelings; promoting the enhancement of judicial fairness and work efficiency by the prosecution agencies, adhering to the guidelines of judicature for the people and promoting the unification of legal and social effects. From the point of view of law and order cooperation, the mechanism of reconciliation review and adjudication should be based on cultivating the ability to mediate and exercise mediation, exploring the establishment of a collaborative working mechanism, exercising the judicial supervision power conferred by law legally, and handling the judicial power and party disposition Power, procuratorial supervision and court jurisdiction, the parties self-interest and other benefits and several groups to regulate the limits of this working mechanism.