Adhering to the Three Principles and Doing a Good Job in Civil Prosecutorial Reconciliation in the New Era

2023-11-15

Civil procuratorial reconciliation is an important exploration for procuratorial organs to practice and develop the "Fengqiao Experience" of the new era. It is also a specific measure for procuratorial organs to deeply implement the people-centered development concept, adhere to supervision and handling cases, and resolve conflicts and resonance. The author believes that, on the basis of current active exploration, procuratorial organs should always adhere to the three principles of voluntariness, fairness, and the unity of legal principles and emotions in order to further strengthen civil procuratorial reconciliation work. They should base themselves on preventing and resolving conflicts, mobilize and rely on the masses, and fully integrate into social governance. 1、 Adhering to the principle of voluntariness is one of the basic principles of civil law, which is clearly stipulated in the Civil Code. The Civil Procedure Law also clearly stipulates that civil mediation work should follow the principle of voluntariness. Due to the fact that the cases applicable to civil procuratorial reconciliation work are all civil cases and belong to legal disputes between equal subjects in civil law, it is necessary to adhere to the principle of voluntariness in carrying out civil procuratorial reconciliation work. After the law stipulates the rights of civil subjects, the rights holder also needs to assert and exercise their rights through their own actions. When the rights holder exercises their rights according to their own will, the law must fully respect and maintain the resulting civil relationship. The implementation of the principle of voluntariness in civil procuratorial reconciliation work can be approached from both procedural and substantive levels. At the procedural level, it is required that the procuratorial organs cannot force or induce the parties to accept a settlement. At present, many local regulatory documents have stipulated the application of civil procuratorial reconciliation. As stipulated in the "Several Provisions of the People's Procuratorate of Shandong Province on Civil Prosecutorial Settlement Work (Trial)", the civil procuratorial settlement system can be applied to the following cases: (1) if the parties have special relationships such as relatives or neighbors; (2) The case has flaws but does not affect the substantive judgment; (3) There are indeed errors in the effective judgment or ruling, but the impact on the rights and obligations of the parties is not significant; (4) If there is new evidence sufficient to overturn the original judgment or ruling, and the parties have no objection to the new evidence; (5) Involving hot topics and widely concerned by society; (6) Joint litigation or group litigation with a large number of parties involved; (7) Other cases where the parties have a willingness to settle. These cases only indicate that the procuratorial organs can initiate civil procuratorial settlement procedures to resolve disputes between the parties through settlement, rather than forcing the parties to accept settlement. Therefore, after proposing a settlement plan to the parties, if the parties are unwilling to accept it, the procuratorial organs cannot enforce it. At the substantive level, it is required that the procuratorial organs fully respect the punishment of the parties' rights, and the content of the settlement agreement must be the true expression of the parties' intentions. The achievement of a settlement agreement is often the result of the parties transferring or even giving up their civil rights. Therefore, when considering the content of the settlement agreement, the parties will fully consider the impact of the agreement on their rights and obligations. In this case, the procuratorial organs cannot force the parties to accept the agreement content that they believe is unfavorable to them. Respecting the wishes of the parties at the substantive level is essentially a direct manifestation of the principle of voluntariness in the field of contracts (contracts)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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