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现行《民事诉讼法》新增了检察机关对生效的民事调解书的检察监督,并规定了检察建议的监督方式。此次立法修正有利于保障民事调解公正运行、丰富检察监督方式体系、缓和检察监督权与审判权的关系。但是由于立法较为粗疏,检察机关在实施监督时不免遇到障碍。为了保障民事调解检察建议的有效实施,必须具体化“两益”、正确处理法院与检察院的关系、明确检察建议与抗诉的分工、辅以有效的保障机制。
The current “Civil Procedure Law” has added procuratorial supervision over the effective civil mediation procuratorial organs and has set forth the supervision methods for procuratorial proposals. This legislative amendment is conducive to safeguarding the fair operation of civil mediation, enriching the system of procuratorial and supervisory methods and easing the relationship between procuratorial supervision and judicial power. However, due to the relatively loose legislation, procuratorial organs inevitably encounter obstacles when implementing supervision. In order to ensure the effective implementation of the civil mediation procuratorial proposals, we must give concrete meaning to the “two benefits”, properly handle the relations between the courts and the procuratorate, and clarify the division of labor between the prosecution proposals and the protest, supplemented by an effective safeguard mechanism.