The Thinking About The Perfection To The Adjudicatory Supervision Procedure Of The Civil Cases In China

Two kinds of deep conflicts are contained in our country's adjudicatory supervision of the civil cases, that is, the conflict between the principle of uto seek truth from facts,to rectify whatever is wrong"and the steadinees of efficient adjudircation and the conflict between enlargement of adjudication supervision power and exercise of litigious right and disposing right of the parties. To mainaitainin the stability and authority of the verdicts ,and to protect the legal rights of the parties invol ved in the case, this paper proposes that reforming the adjudicatory supervision procedure of the civil cases shall focus on regulating and confine it.Consequently, the adjudicatory supervision procedure of the civil cases will serve as a genuine special procedure for correcting errors as well as a remedy. As to the reform of adjudicatory supervision system,the author puts forward that the court's power of determining the adjudicatory supervision procedure by authority should be abolished,the procuratorate's authority of instituting the adjudircatory supervision procedure through lodging a protest should be restricted and the party's right of applying for adjudircatory supervision procedure should be perfected. Among the three reform plans ,the second reform should be orientated: the procuratorate should be have the power of instituing the adjudicatory supervision procedure in respect to the civil cases involving public interests.But in respect to ordinary civil cases the procuratorate cannot have the power of instituing the adjudicatory supervision procedure and should not institute or participate in action.