| The development of mankind's civilization is synchronous with creation, development of power. Accompanying with the power phenomenon, how to control the power is the mankind always searching for. The litigation is the important phenomenon of civilized society, as above mentioned, any power all need to be balanced or supervised, hence, various power within litigation is no exception.In our constitution, the people's procuratorates fixed the position of state organs for legal supervision. In procuratorial power inclusion, the litigation supervision constitutes one of the most important parts doubtless. See from the angle of theories studying, domestic researching of the litigation supervision is prosperous in the last few years, the focus concentration of the research in procuratorial supervision, especially in the procuratorial supervision on civil litigation. Issue that aims at this system also never interrupted, surrounding the power property, power scope, power circulation, etc. even appeared some standpoints of tit for tat. Just because of this kind of actuality, our litigation supervision practice is hobbling.We realize any system must have the solid theories foundation; otherwise it will collapse at any time. This text is have a foothold our country of constitutional government system, combining the current civil procuratorial supervision practice and refer to the fruit in the comprehensive analytical theories, discussing and analyzing the value of civil procuratorial supervision and it's existent proper. At the same time, combine the deduction of rule according to the constitution and the system established according to the current law, analyze the problem and shortages of our civil procuratorial supervision system, then put forward own opinion on consummation of the system. Thesis including introduction, six texts and conclusion, the concrete each main content is as follows:Introduction: The synopsis elaborated that the background of the title selected. Then it introduces and evaluates the present research situation of the selected title. On this basis, it describes the contents of the dissertation, explains main research methods used in the dissertation.Chapter one: Basic category of civil procuratorial supervision system. If you want to study a system to study completely, you should definite the basic category of the system firstly, including the basic content, property of some categories and their history track etc. In this part, I elaborated the litigation and the litigation supervision, the procurator and the procuratorial power, the procuratorial supervision and the civil procuratorial supervision, including the source, content and property, etc. Among them, which need to be definited first would be the category of the litigation, according to the classic definition concerning the litigation content, it was definited as "under the litigant's participation, the judicial organ handle the disputes according to the law procedure. As the deputy of nation, the judicial organ exercises the judicature and is in the predominant position in the litigation. The litigation is divided into three parts, such as the criminal, civil and administrative litigation. In a whole litigation, indictment, judge, and execution are the basic stages, and criminal litigation also including investigation." That shows the procuratorial supervision also covered the phase of indictment, judge, and execution, then as the mainly activity of the three phrase mentioned above are all under the supervision of procuratorate, including case registration, suit- bringing, property-preserving, trial, mediation, judge, execution,etc.Among all the concept mentioned above, one should never be ignored, that is the procuratorial power, especially about its property, and it is also a hot issue during the judicial reform progress. There are eight piece theory about the property of procuratorial power, but they all couldn't describe it properly. We think that as a separate power in a country, procuratorial power has its own characters, none definition is accurate. In this kind of case, we think that'the procuratorial power is procuratorial power', it is an independent power among the national power system, it is run the parallel with administrative power, judicature and the military power.This part also analyze the system including the court supervision, the procuratorial supervision, the supervision from people's congress, the public opinion supervision, ruling party supervision, association supervision, etc. This chapter still emphasizes to see about the civil procuratorial supervision abroad and the law of our country ancient times, thus can hold the general situation of the system.Chapter two: Theoretical basis of civil procuratorial supervision system. Investigate the theory foundation that civil procuratorial supervision system set up, thus providing for the existence of the system it is one of the intention of this thesis. For long time, there is a great deal of learning productions on this field. However, the great majority work are all to practice around to carry on criticizing the argument or carrying on education of this issue, scarcely have the article to carry on the thorough analysis to the foundation theories that this system construct or purchase. In this chapter, we try to through discussing our national people's congress system which our national political power organized form, the division and balance of state power which is the basic proposing of jurisprudence, with the ancient law that emphasize the statute law and have the Chinese special features which is the main content of our law tradition, the epistemology of Marxism, serious judicial injustice and corruption, etc. Through analysis upwards, we can find the 'solid foundation'of civil procuratorial supervision system.First, if we take an investigation any kind of national power, we must pay more attention to its constitutional government system background that it produces and circulates to. With the flat surface power structure mode of west's sign separately dissimilarity, our country according to our own state of the nation, history, culture and the tradition-choosing, we take the people's representative conference system as our basic political system of constitutional government system. But according to this kind of stereoscopic power structure, the power that locates the lower class are all move in an opposite and independent system, and there did not design an system to restrict each other, that is the proper reason which the procuraterate as the special supervise body became an inevitable choice. The next in order, a national power system is closely related with its country law culture. Compared with the common legal system countries which take empiricism as the basal political law philosophy and its law cultural tradition regards the case law as origin, the continent legal system countries ' law philosophy contain the rationalism color mostly, carrying out to draw up the highest doctrine of method. In common legal system countries, because of their traditional law they make their law system regard case law as principle, the judge possesses the function of create the law, the creation of the law system and development also are to pass the judge to carry on, under this law traditional culture, affirm the judge verdict is conflict with law seem to be self-contradict at logical, to supervise the judge sentence and rectify it is naturally difficult to have the soil of existence. In continent legal system countries, it is most important to assure the law to be right implemented in the whole country, in order to do this, they must have an organization to undertake the job of supervising the law enforcement, thus provide the soil of the existence for supervision organization. In order to obtain the law culture foundation of civil procuratorial supervision system, carrying on an investigation to the law of our country ancient times seem to be essential. Investigation on Chinese ancient judiciary system for several thousand years of the development history, especially on the history of ancient imperial censor system, that still has positive meaning to today. The law supervision system of contemporary China is just build-up on absorbing the instructive experience and abandon the scum of our ancient supervision system. Thirdly, we do not deny the law reality, but we appose the absolute law reality and we also appose those who take the law reality as the reason to deny the mistake that an judgment may emerge. At last, more and more judicatory injustice, more and more judicial corrupt phenomenon, and the actual success which our procuratorial supervision practice achieved, are the solid foundation of the civil procuratorial system in our country. Chapter three:Value of civil procuratorial supervision system. Investigates value of the system is core part of the thesis, although there are a great deal of research have been carried on, however researching on foundation theories of the system are still scarcely. This chapter try to through the concerning on the value of the system, such as power balance and supervision, fair justice and human rights guarantee, etc. to deeply analyzed our current civil procuratorial supervision system. Especially on the maintaince of judicial justice and authoritative of judgement, through the angle of demonstration, the article expounded the value of civil procuratorial supervision system. Furthermore, the studying on protection of human rights mostly focus on criminal litigation, and that on civil litigation are scarcely. But as we all know, the invasion of human rights on civil litigation is very serious in practice, such as snatching jurisdiction, nominal eviction system, compulsory mediation and false mediation, formal debation principle, chaos of execution, ect. The positive value of civil procuratorial supervision system is full embodied during overcoming the matters mentioned above. As for the value of civil procuratorial supervision system to set up the harmonious society, analyzing the characters of harmonious society, including the democracy rule of law, fair justice, trustworthiness and love, etc. We will find that our civil procuratorial supervision system exerting positive effects during the process of harmonious society come into reality.Chapter four: Establishment of civil procuratorial supervision system. Our civil procuratorial supervision practice always in crack is inseparable with various predicaments that it faces. Among them include the foundation theories to study weak, lawmaking of not perfect, many hindrance to face, etc. So discovers the hindrance factor that system development faces, such as theories, legal system and fulfillment etc, and then resolve the above-mentioned problem, is very necessary for promoting this system to develop healthily. First this chapter put forward the suggestion from the macroscopic level, including the scope of supervision, the way of supervision, the power of supervision, etc. Then from microscopic level to set up a wholly system of civil procuratorial supervision system, including the civil case registration supervision, civil case public prosecution, civil case judgment supervision, the civil case intermediation supervision, civil case performance supervision, etc.The first, to the action of property preserving, the procuratorate shouldn't be excessive to interfere, the emphasis of supervision should put on those by dint of property preserving action to transfer the property and obtain the benefits. As to those wrongly preserving, they are not belong to the scope of the supervision mostly. Secondly, the supervision on civil case registration is still a vacancy. As an independent stage of a whole litigation, registration is considered to be the start of dispute-solving through a judicial path. According to the widespread basic principle for modern country, any dispute is ultimately can, also should pass or look for the judicial path to solve, but in current judicatory of our country practice, the phenomenon which people have no door to take a sue often take place. Just because of the reality like this make it an important and urgent work to build up the supervision system on civil case registration. The third, concerning the set up of the civil case public prosecution system, pay attention to extensively for the theories and the actual situation fields in recent years, especially the state-owned property runs off, pollution of the environment etc. Such incident endangers the affairs of the national interest, social public benefits and public benefits to take place again and again, those are all show the importance and urgency of this system's setting up. In socialism China, the people's procuratorate is considered as the deputy of the national interest and the public benefits, unifying to control and exercise the national public prosecution power, this kind of public prosecution power ought to cover the pertaining to crime, administration, civil case at inside of all realm. The fourth, concerning the civil procuratorial supervision system, the current code of civil procedures of our country has already established this system, but there are still a lot of problems in the concrete system. What this part mainly concern is the current supervision system which is divided into two parts, this kind of power allotment is reasonable or not. We think that the difference between the power of judge and the power of supervision is obvious and certainly should be enforced by different organizations, it is unnecessary to design two different supervision system in one country and our current system has many abuse. If we hand over the whole supervision power only to the peoples procuratorate, that not only match the prime purpose of system designing, but also in favor of realizing the justice. The fifth, concerning the set up of the supervision system on civil case mediation. Because of in current judicatory practice the mediation was the most important method to handle a lawsuit, it covers about 70%-80% that the court accepts the civil case, and compulsive mediation, deceitful mediation is frequently take place among them, that also elaborated the necessity of supervision system on civil mediation practice, but what need to be explicit at the same time that the supervision should be strictly limited. At the end of this section, the article discuss the issue of establishing the supervision system on the execution of civil case, so that we can set up a whole civil procutatorial supervision system.Chapter five: Running of civil procuratorial supervision system. In recent years, around some problems that the system exists during its running, especially with the judgment independence, Res judicata, the party disposing power, litigation structure balance etc. Some scholars depend on this put forward various query to the civil procuratorial supervision system, including the procuratorial supervision interfere the independent judicature, endangered the judicial independent position; violated the disposition power of the party; broke the balance of the civil litigation structure; lowered the litigation efficiency and injured judicial authority etc. Aim at the above-mentioned standpoint, this chapter discussed the relation above-mentioned, put forward the movement boundary of civil procuratorial supervision system. But at the same time, the civil procuratorial supervision and above-mentioned relation is not an absolute opposition, they are the relation of dialectical unification. For example, the article point out that at any country under the rule of law, the court is the core of the judicial movement, the judicial independence should be set as the boundary of procuratorial supervision movement definitely, those interfere the judicatory not only disobeyed the basic principle of the rule of law, but also is harmful. But it also should be point out that at any nations there no power can be out of supervision, so we emphasize the judgment independence and at the same time we must definitely confess that the judicature should be restricted by other powers.Chapter six: Institutional restriction of civil procuratorial supervision system. As the state organs for legal supervision, the people's procuratorates also faces the restriction by whom and how to accept. Though at national level, we don't lack positive designation, we still have to face the margin and shortages of the law technique compare with modern democracy development requests. In this part, the article discussed the restriction of civil procuratorial supervision itself, from two levels of inner part and exterior to the establishment of the restriction mechanism, and emphasize on the exterior restriction mechanism, including the exterior power and the exterior right, thus can insure the valid movement of the system. Especially to the people supervisor system which is the unique and systemized form currently, the article point out that it is the first time to cast off inertia thinking to look for the supervision mechanism and lead exterior supervision power into the system, this action carry through the request of the procedure justice and promote the public's trust of the law. For the theories foundation that this system construct on, the thesis passes the basic principle to the sovereignty at people, right supervise power, people judicatory and procedure justness etc. By a stretch of authority or other not appropriate exercise the power, it matches with the rule of law principle of the right supervise power, meeting the development request of democratic society.
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