Our Civil Prosecution Supervision System For Research

The civil prosecutorial supervision system is an important prosecutorial system, started late in our country, after decades of development, but there are still a lot of deficiencies still exist in legislation, many defects in judicial practice, there are many contradictions and conflicts, but as the other system, the civil prosecutorial supervision system also needs a process of self-improvement. Based on empirical analysis, comparison and analysis of the research, this paper discusses the civil prosecutorial supervision system, and puts forward the relevant theory of perfecting the procuratorial supervision system that some ideas and Suggestions.The concept of civil prosecutorial supervision for long, the theory and practice of the understanding and defining the are not uniform. The civil prosecutorial supervision of academic system existing differences of these concepts, a variety of reasons:Current legislation, extraterritorial prosecutorial system in China, the evolution of prosecutorial system etc. The author thinks the civil prosecutorial supervision of civil prosecutorial power is the essence of civil jurisdiction is restricted by a people's procuratorate, the people's court for civil activities of supervision, aimed at safeguarding judicial justice and law, safeguard the unification, the correct implementation.For our country civil prosecutorial supervision system, once appear "Strengthening theory", "weakened theory" and "cancel theory". "Weakened theory" and "cancel theory" the important reasons include:the civil prosecutorial supervision and conflict, and judge independent judicial final decision conflicts, even to the right of the improper interventions. Therefore, it is necessary to clear the civil prosecutorial supervision system of legal basis, clarify the principle of judicial independence and judgment, the final award principle and party to exercise right relationship. The author thinks the civil prosecutorial supervision system should not be abandoned, in some aspects should further strengthen and perfect.The civil prosecutorial supervision system in China, the existing problems with the civil trial mode reform of socialism, the model of litigation, the procedural justice and law and get real said, theory and practice, in recognition of the lawsuit idea to know current civil prosecutorial supervision system, the idea that the more the lag. The civil prosecutorial supervision system should reconstruct the civil prosecutorial power is the nature of procuratorial supervision of civil jurisdiction establishment, restricting the procuratorial supervision...