Functional Attribute and Operation Method of Civil Procuratorial Reconciliation
As a kind of procuratorial supervision method gradually developed from judicial practice,civil procuratorial reconciliation has always been in dispute due to the unclear nature,unclear scope,and uncertainty of the effectiveness.The legislation has not yet been clarified,and the relevant judicial interpretations have not designed specific rules for it.Therefore,accurately grasping the functional attributes of civil procuratorial reconciliation can guide the smooth implementation of the relevant reconciliation work.In contrast to previous studies,this paper puts forward four-tier viewpoints.First,civil prosecution reconciliation has the function of settling disputes,maintaining judicial authority,assisting the realization of judicial power,moderately correcting errors and timely settling a lawsuit.Secondly,the civil procuratorial reconciliation can be applied to the effective judgment and reconciliation agreement that are completely correct,the effective judgment that has immaterial errors,and the effective judgment that partially meets the conditions of protest.Thirdly,the scope of civil rights and obligations that can be negotiated in the civil procuratorial reconciliation agreement cannot exceed the scope of the effective judgment,and the plaintiff's claim in the first instance determines the object of the civil procuratorial reconciliation.Fourth,the civil procuratorial reconciliation agreement does not have enforceability and shall not damage the res judicata of original effective judgment,and that the parties do not automatically perform shall not be used as the basis for another lawsuit.To give civil procuratorial reconciliation agreements enforceability,they should be incorporated into the judicial confirmation procedure and confirmed by the people's courts through their judicial power.This paper provides theoretical guidance and operational norms for the justification of the civil procuratorial reconciliation system and clarifies the boundaries and position of various works carried out by procuratorial organs such as reconciliation,protest,and retrial procuratorial suggestions.At the same time,through the coordination and connection of the relationship between the civil procuratorial reconciliation agreement and the effective judgment,the respective tasks of the procuratorial supervision power and the judicial power are clearer and the relationship between them is smoother.
civil procuratorial supervisioncivil procuratorial reconciliationres judicatajudicial confirmation of settlement agreement
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