On Jurisprudence And Practice Of Fact Examination In Civil Prosecutorial System

Fact review in civil procuratorial work refers to the legitimacy's examination performed by the procuratorate in court's fact identification activity and the resulting judgmental facts during the course of civil procuratorial supervision. It is an important part of civil procuratorial supervision and has played an irreplaceable role in judicial fairness in civil judgments. Nowadays, civil judicial method reforming has become continuously deepened in China. We have experienced some conceptual transitions such as from authority principle to adversary, principle from emphasizing substantive justice to giving consideration to procedural justice and from objective truth to legal truth etc, which has made new and higher demands on fact review. During the Second National Civil and Administrative Procuratorial Working Conference held in July 2010, the Supreme People Procuratorate has nonclaimed that we should follow judicial law and correctly handle the relationship between strengthening legal supervision and safeguarding judgments'stability.In order to follow judicial law, we shall properly understand the function of fact review in civil procuratorial work. From the perspective of constitutional orientation to Chinese procuratorial power, the purpose of fact review work in civil procuration is to supervise the judicial identification power of court, ensure the realization of purpose of civil procedure and guide the parties to use their action rights reasonably. As far as the relationship is concerned, fact identification and fact review are unity of opposites, which have common pursuit of value and interlinked legal method. In other words, their opposition is the phenomenon and their unification is the essence. At the same time, we shall abide by retrial philosophy of limited remedy in fact review not only safeguarding the parties'substantive rights but also considering appropriately litigation value such as procedural justice and program stability etc.Furthermore, we shall try to master some effective working method. While performing fact review in civil procuratorial work, prosecutors shall stick to the fundamental rules of proving activity, adhere to the same legal philosophy as that of judges and plunge into judges'inner thinking method under the same legal system, testimonial regulation and proving standard in order to measure the legality of fact identification. To be more specific, we shall keep to the rule of legal truth, accord to such principles as testimonial adjudication, free identification and distribution of proof, burden use empirical rule and logic rules with help of necessary and limited investigation and evaluate the courts'fact identification and their judgmental facts with a reasonable and calm attitude.