Reconsidering And Perfecting Civil Trial Supervision Procedure Of China

The procedure for trial supervision plays an important role in civil procedure law system of China. It mainly aims at ensuring justice in legally effective judgements, and achieving the ultimate purpose of civil procedure along with the first instance and the second instance procedure as well. In the light of close examining of the function of trial supervision procedure, on the basis of extensive reconsidering of current circumstances of its theory and practice, this paper will give some legislative suggestions on perfecting civil trial supervision procedure. The writer will then discuss it in the following three parts:Part one, a general evaluation on the civil trial supervision procedure. In this part, the writer will clarify the significance of the civil trial supervision procedure based on examining its conception,function and relation to the first instance procedure as well as the second instance procedure. The civil trial supervision procedure is an exceptional resort of safeguarding procedure justice, which functions as remedy,supervision and protection in civil proceedings. Additionally, the civil trial supervision procedure plays a significant role in safeguarding litigant rights both of procedure and substance, redressing unjust cases according to law, balancing benefit between litigants, improving working quality of case handling and profession quality of judges, etc.Part two, reconsiderations and examinations of the civil trial supervision procedure. It is the essential part of the paper. From the writer's study and understanding, trial supervision importantly functions in civil procedure. However, it eventually comes out its disadvantages, accompany with the deepening of trial mode reform as well as the perfecting of procedural system. These disadvantages can be clearly seen in various aspects, for instance, the deviation of guiding principle, irrational grounds and unlimited frequency of trial supervision. Obviously, they result in uneconomic litigation, judicial uncertainty and decision-making prior to trial etc. and fatherly weaken the function, hinder the development of trial supervision procedure. There is no doubt that reforming trial supervision procedure in accordance with modern civil trial concept has been the core of current judicial reform and an inevitable approach of civil trial perfection. Part three, suggestions on perfecting civil trial supervision procedure. In light of the disadvantages mentioned above, the writer makes his legislative suggestion as follows: modernizing guiding principle of legislation and reposition civil trial supervision procedure; ensuring judicial justice such as no trial without complaint, unbiased trial by court, trial supervision initiated principally by litigant claim and subsidiary by procurator. In addition, the writer examines the grounds, the jurisdiction and the expiration of civil trial supervision from the viewpoints of value and system thesis.