Research On The Process For Trial Supervision Of The Civil Cases

Procuratorial organs is a law supervision one in China. To supervise the civil justice activity, that is procuratorial responsibility, which granted from constitution and law of civil suit. It plays a significant role in safeguarding the justice and authority of law, and the unified and correct administration of law. But the current law of civil suit is simple for system of procuratorial supervision of China, and that induce theory confusions and practice deficiencies. Detailedly analyzing the subject of initiate review , the governor for controversial case, prosecutive power construction, prosecutive supervision method, the thesis clearly points out the value of system of procuratorial supervision of China, and then puts forward some specific reforming measures on China's current procuratorial system.1. The Subject Of Initiate Review Procuratorial organs is the only the subject of initiate review . The relationship between prosecutive power and complain right and the relationship between prosecutive power and judicial power should be handled correctly. Parties should be vested with the right to request prosecutive supervision which is based of appeal. Prosecutive power is essential only suggestion one, and it doesn't harm the court's judicial authority.2. The Governor For Controversial Supervision Case Controversial supervision procedure is different from appeal one. Controversial supervision case should be tried by provincial or Supreme Court.3.Prosecutive Power ConstructionProsecutive power is made up with investigation power, detective power, attend to court power and so on.4.Prosecutive Supervision Method And RangeControversial supervision is the only method that have been preplaned by law of civil suit .Controversial supervision is within the limits of appeal procedure judgement.5.Perfection Of Prosecutive LegislationThe power of courts to initiate review should be removed. The power to initiate review should be vested prosecuting council. Controversial supervision case is tried only once. Parties should pay if they request controversial supervision.