On The Reform Of China Civil Procuratorial System

For a long time,in the process of reforming and perfecting the judicial system and the litigation system,the problems related to the reform of the civil procuratorial system have always been the hot and focus of controversy in the theoretical and practical circles.The new problems brought about by the two amendments of the Civil Procedural Law in August 2012 and June 2017 have aroused widespread concern.Therefore,it is necessary for the procuratorial organs to inherit the advantages of the previous civil procuratorial system in different periods according to the characteristics of the development of the civil procuratorial system in different periods in China,make a comparative study of the overseas civil procuratorial systems,boldly absorb and draw lessons from other countries' advanced supervisory ideas and successful experiences,and further adhere to,develop and perfect the socialist civil procuratorial system with Chinese characteristics,so as to adapt to the revised Civil Procedural Law as soon as possible,accurately grasp the opportunities and challenges brought to the civil procuratorial work by the amendment of the Civil Procedural Law,and strengthen the functions of procuratorial supervision.The procuratorial reform aims at changing and innovating some unreasonable factors in the procuratorial system and procuratorial institution.As an important part of the procuratorial reform,the reform of the civil procuratorial system is of great practical significance to the steady advance of the procuratorial reform,the perfection of the socialist procuratorial system with Chinese characteristics,and the maintenance of fairness and justice in civil judicial activities.Based on the investigation and interpretation of the historical evolution of China's civil procuratorial system,this paper summarizes the law and characteristics of reform and development of China's civil procuratorial system,and holds that China's civil procuratorial system has the development law of increasingly modern supervision ideas,increasingly comprehensive supervision scope,increasingly diversified supervision modes,and increasingly procedural supervision object;China's civil procuratorial system has the reform and development characteristics of gradually enriched system value orientation,gradually established system status,increasingly perfect institutional system,gradually complete system content,and increasingly apparent system effect.Through the comparative study of the foreign civil procuratorial system,this paper summarizes the enlightenment of the reform and development of the overseas civil procuratorial system to China,that is,to study the civil procuratorial system in various countries,China should pay attention to its social background and historical development law,further strengthen the construction of the procuratorial organ system,emphasize the independence of the exercise of civil procuratorial power,and constantly strengthen the function of procuratorial organs in civil litigation.Besides,in the context that the basic content of civil procuratorial system is increasingly convergent and expanded,public interest relief needs strong participation of procuratorial organs in civil litigation.Through the study of the problems related to the reform of China's civil procuratorial system,this paper summarizes the reasons,theoretical basis and value orientation of the reform of China's civil procuratorial system,and points out that the theoretical basis of the reform of China's civil procuratorial system is the theory of power balance,judicial justice,judicial democracy and public welfare protection,and the value orientation of the reform of China's civil procuratorial system is to better realize judicial justice,better safeguard judicial democracy,better safeguard judicial authority,and better promote the unification of the legal system,etc.Further,this paper explores the development direction of the reform and perfection of China's civil procuratorial system.Through the analysis of the problems existing in China's current civil procuratorial system and the study and judgment on the reform orientation,this paper summarizes the problems existing in the operation of China's current civil procuratorial system,that is,the scope of supervision is becoming wider while the operating space is narrow,the supervision methods are pluralistic while the effectiveness of supervision is still not guaranteed,the supervision requirements are enhanced while the supervision ability is still to be improved.This paper also analyzes the causes of the problems existing in the operation of the current civil procuratorial system,that is,the imbalance of the allocation of supervision power and functions,which affects the potency of supervision;the imbalance of supervision procedures,which affects the efficiency of supervision;the lack of systematic provisions of the system,which affects the authority of supervision.Further,this paper further explores the reform orientation of China's civil procuratorial system,that is,to promote the “joint efforts” optimization of the action power,judicial power and procuratorial power,to promote the optimization of civil procuratorial procedures,and to promote the realization of the overall effectiveness of the civil procuratorial system.On the basis of the earlier textual research,comparison,induction,analysis and exploration,and in view of the problems existing in the system,this paper puts forward some innovative viewpoints from the aspects of perfecting legislation and strengthening the reform of mechanism including perfecting the system ideas and countermeasures,changing ideas and innovating theories,exploring the establishment of an intrinsic supervision mode,coordinating and integrating the means of civil procuratorial supervision,scientifically improving the system of civil protest supervision,constructing selective civil complaint system,perfecting civil public interest litigation system,stipulating or perfecting the necessary supporting powers for the procuratorial organs to perform their duties,and perfecting the safeguard mechanism,etc.Finally,the author makes a brief summary of the whole paper,expounds the principles of limited expansion,orderly expansion and seeking truth from facts that should be followed in reforming and perfecting the current civil procuratorial system,and looks forward to the next research direction.Judicature has always been a concentrated reflection of national legal governance.The effect of justice tests the effect of national legal governance.As far as China's civil procuratorial system is concerned,legislators clearly hope to promote judicial justice and prevent judicial corruption through this system.However,since the implementation of the Civil Procedural Law in 1982,although the civil procuratorial system has been continuously reformed and improved,there have always been theoretical disputes and implementation obstacles,indicating that there is still a long way to go to build a scientific and perfect civil procuratorial system.This paper analyzes the development orientation,law and characteristics of China's civil procuratorial system historically,compares and analyzes the relevant contents of foreign civil procuratorial system,summarizes the enlightenment to the reform and perfection of China's civil procuratorial system,and summarizes the reasons,theoretical basis and value orientation of China's civil procuratorial system reform,and then clarifies the current situation of China's civil procuratorial system reform,and puts forward the reform and improvement suggestions for China's civil procuratorial system,which provides enlightenment and reference for how to scientifically use the legal system to realize the goal of national and social governance in the process of implementing the strategy of “law-based governance”,and is of great practical significance to clarify the misunderstanding of the civil procuratorial system,rectify the dissimilated civil procuratorial functions,solve the difficulties and problems in the development of the civil procuratorial work,and perfect the civil procuratorial system with Chinese characteristics.