On Procuratorial Power In Civil Procedural Law Of China

As is known to all, the power exercised by our procuratorial institution in civil proceeding is legal supervision power, which can be seen from the provisions of the law. The major form of this procuratorial power in civil litigation is supervision after a case, therefore, the contradiction between procuratorial and legal supervision power makes it a significant meaning to study the former power in civil proceeding. On the one hand, the procuratorial power timely entering the proceeding is conducive to the exercising of judicial power, thus ensuring the justice of procedure and its result. It won't meddle the judicial power exercised by the court, for the modernization of law requires establishing not only an independent judicial mechanism, but also an open judicial mechanism. The supervision function of procuratorial power conforms to the very demand of this;On the other hand, the exercising of this power in civil litigation can better protect the interests of the nation, the collective and the individual without impeding the disposal power of the party concerned . After all, with the development of economic system, it has many forms of ownership systems, so the conflicts between them are inevitable, though the interests among the state, collective and individual are in consistence with one another, which construct the legal basis of realizing state intervening principle exercised by the procuratorial institution.The author divided the treatise into four parts. Firstly, the author, after making serious analysis and comparison on the position of procuratorial and the ambiguous sense, presents his own view that this power is neither judicial power nor administrative power and nor legal supervision power, but a power parallel to the above two kinds of power. The contents of this power regard public prosecution as itsmain part and contain docketing power, investigation controlling power, criminal procurator disposal power, civil procurator disposal power, supervising jurisdiction power and judicial administration management power. Secondly, the author outlines the legislation of procurator power in different countries in order to make us get a general idea of this power macroscopically and historically. Thirdly, the author, through studying the relation between the procuratorial power and the value of civil proceeding, finds that the power sometimes divorces from the value and conforms to the value sometimes.Finally, the author first illustrates the defects in the civil proceeding and then puts forward some efficacious measures in Chapter Four, which are the eye of the paper.