The Reform And Improvement Of Civil Prosecutorial Supervision System

Prosecutorial supervision to civil adjudication is an important content not only in our legal supervision but also in our prosecutorial supervision. However, with the deepening study to civil prosecutorial system, different understanding happened between the academic circles and judicial practice because of the principle and broad regulation of prosecutorial supervision to civil adjudication in Civil Procedure Law, and the raising prosecutor-protested case. Prosecutorial system to civil and administrative case in China originated since 1949; in 1978, the People's Prosecuratorate was rebuilt. Because the mechanism reforming and the legislative improvement happened in Chinese civil procedure, the civil prosecutor-protested system initiated some rational thoughts and the canceling to civil prosecutor-protested system was also put out in practice. Generally speaking, the main points of the canceling read as the following: the civil prosecutor-protested means the public right intervening private; the civil prosecutor-protested damaged the existing judgment; the indeterminacy happened between the determined facts and the applied laws in civil judgment, and the prosecutor-protested was against that lawsuit theory; the prosecutorial protest damaged the independency of judgment, lawsuit efficiency and even the confidence to court. The writer holds that the civil prosecutorial protest is a weapon of public right against public right; the maintance of existing judgment should connect with fair judiciary; the fact's determinacy and the regulation's definition would run to the exploit judgment; the judicial independency shouldn't refuse supervision; the justice should consider the needs of both fairness and efficiency; the abusement of power calls for the control to power. In the practice of civil prosecutorial protest, the following should be researched: the scope of prosecutorial protest; the trial grade and time limit after prosecutorial protest; the role of prosecutor in coast; two misunderstandings about the civil prosecutorial supervision. The following are suggested by the writer to the improvement of civil prosecutorial system: the cancel of review by court; the construction of administrative public action; the development of civil suit collateral to criminal proceedings; the refinement of particular operating procedure.