Establishment And Restriction Of Civil Procuratorial Power

Most of the research and discussion on procuratorial power is in the field of criminal proceedings. As one link of the three organs,which take on heavy responsibilities of investigate and penalize crime,procuratorial organ inherit public security organization and judicial organ. Therefore,it is frequently said that procuratorial power is mainly exercised in criminal proceedings,the power which procuratorial organ can exercise in criminal proceedings,such as the powers of investigation and prosecute,is the main content of procuratorial power. By comparison,procuratorial power is weaker in civil proceedings. It has been fixed in "Constitution Law" and "Civil Procedure Law" that People's Procuratorate is the law supervision organ of our country,which lead precutatorial organ to exercise its supervisory authority,reflected in civil procedure is to lodge protests against judgments. With the development of the whole society,however,disadvantages of the civil procuratorial system now avalible is getting worse,especially the unitary supervisory pattern and delayed supervision time restrict procuratorial function in civil proceedings. Research on reform is focused in two points,one is the inspection of protest,and the other is the study of civil prosecution. This article is trying to discuss some normal subjects of the latter and compare with the former,in the hope of draw a conclusion-the orientation of the civil procuratorial system.The reform and development of precuratorial system is the focal point in the whole judicial system of China. The role that procuratorial organ play in civilproceedings should be changed and intervening supervision that make negative effects in practice shouldn't be enhanced. Use the experience of other countries for reference,it is a reasonable function for precuratorial organ to file civil process in order to maintain public right,this system should be constructed in our civil procedure law and other relating law.