Study On The System Of Procuratorial Supervision In Civil Action

Civil Procuratonal Supervision is one kind of legal supervisory system carried on toward civil trial procedure and specific civil illegal acts by procuratonal organs in accordance with legal provisions ,which is an important function performed by the procuratorial organs. The system is very important to safeguard judicial justice and improve trial quality.At present, the system of procuratorial supervision in civil action is a comparatively weak part in the work of the procuratorial organs.From the perspective of practical construction of legal system , this kind of work, as an indispensable part of activities performed by procuratorial organs, plays an important role in the civil judicial practice .It can help safeguard ruling by law, promote judicial justice and establish the authority and public trust of the judicial practice . However, the system have been receiving challenges of various fields since it was set up, which leads to various kinds of disputes and the constant conflicts between the procuratorial department and court department for some theoretical and cognitive reasons, of which imperfection and non-standardization of the system is an important one. After all, it is inadequate for such an important system to be only regulated in five clauses of Civil Procedure Law( Art.l4th,and from Art.l85th to Art.l88th ).And therefore, it is necessary to take furthermore studying and probing into this system theoretically as well as try to find out and summarize working experience constantly in practice. The author had ever been engaged in procuratorial supervision work for many years, had ever experienced difficulties and questions in the civil action and have a profound comprehension of various anxieties to the judicial current situation. And therefore, the thesis probes tentatively into the problems existing in our country's present procuratorial supervisory system of civil action from the perspective of judicial practice. Besides, it puts forward the reforming scheme which should be carried on in the procuratorial supervisory work of civil action in reference to historical and foreign practice and lessons.The thesis consists of five parts:The first part is a summary of the procuratorial supervision in civil action, expounding the concept, characteristics and functions of the procuratorial supervision in civil action comprehensively. It means that during our country's civil action, the procuratorial organ supervises the civil trial action under theprovisions of laws ,which is also one important authority of legal supervisory authorities performed by procuratorial organs. According to our country's current legislation, the procuratorial supervision in civil action has the three following characteristics: (l)the attribute of the procuratorial supervision in civil action is a legal supervisory authority enjoyed by the procuratorial organs in accordance with the law; (2)the subject to exercis the procuratorial supervision in civil action is procuratorial organs; (3)the way taken by procuratorial organs to exercise supervision is to counterappeal. There are three functions performed by the procuratorial supervision in civil action. First, safeguarding of the party's legal rights and interests and realization of the judicial justice; Second, Improving trial quality and promoting incorrupt construction; Third, as the need to perfect the system of procuratorial supervision of our country.The second part takes an overall comparison of the system of procuratorial supervision between Chinese and foreign civil action, expounding the evolution of procuratorial supervision in civil action in detail and the current enforcement situation of procuratorial supervision in our country's civil action ,and then taking an comparative analysis to the civil procuratorial supervision system in the three representative legal systems, including supervision system of Civil Law System, that of Anglo-American Law System and that of countries such as Russia and Eastern Europe. The following conclusions can be drawn through the anal...