| Bringing civil mediation awards under the supervision of procuratorial organs is the objective of a new provision in the 2012 Civil Procedure Law as well as a new task of Chinese procuratorial organs. Supervision over civil mediation awards differs in many ways from supervision over judicial judgments and verdicts and a full understanding of these differences is the basis of such supervision. The "civil mediation awards" provided in Article 208 of Civil Procedure Law covers several types of documents, including mediation record, judicial confirmation verdict, etc. However, arbitration awards do not fall within the scope of supervision provided in this article. Supervision over civil mediation awards should take the form of ex officio supervision. A provision on procuratorial organs' power to supervise over civil mediation awards that harm state or public interests is a general provision of law, and the key to the exercise of such supervision power is to properly determine whether an award has damaged either of these interests. When interpreting the implications of state or public interests, the method of purpose expansion should be employed. A civil mediation award should be regarded as damaging to state or public interests if it violates a prohibitive provision of law, seriously breaches social morality, damages the interests of a collective economic organ, or harms the interests of a disadvantaged group of society. In addition, a civil mediation award of fraudulent civil litigation that damages a third party's interest should also be subject to procuratorial supervision. When applying Article 208 of the Civil Procedure Law, we should also keep in mind that under some circumstances it is difficult to properly define state and public interests or to distinguish one from the other. |
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