Study On Civil Prosecutorial Supervision System

Civil prosecutorial supervision is a week point in the work of the justice administration, but it occupies an important place in the civil justice, which helps to maintain the legal system, promote the legal justice, and establish the authority and credibility of the justice administration. But the set up of the supervision system is challenged from many aspects and arouses many conflicts and dispute between the legislative and justice administrations. The problem is caused by some theoretical divergence as well as the imperfect system itself, so the perfection of the system requires the theoretical analysis and the accumulation of the working experiences in the practice.In 2007, the Law of Civil Procedure was revised, which marks the big progress of the prosecutorial supervision system. It has made remarkable achievements in the aspects like, restricting the abuse of the jurisdiction by the court, and protecting the legitimate rights of individuals. But because the existing legal provisions on the system are crude, the operation of the supervision system does not seem satisfactory. Under the background of the economic development, times changing, and the improvement of the law environment, there still exist problems. The singleness and rigidness in the theory of civil prosecutorial supervision as well as the status of its system design with prosecutorial protest as the only support must be changed. Based on these conditions and considerations, the paper proposes legislative suggestions and specific plans.The paper first has a review of the development of prosecutorial supervision in China, and analyses its legal basis and its significance in China. Then the paper studies the overseas civil prosecutorial supervision systems and analogizes the systems in Germany and Japan, Britain and America, and former Soviet Union, with an aim to get some hints for our system. In the next part, the paper discusses the deficiency of China's prosecutorial supervision system, and presented an analysis of the disadvantages of the current system and its deadlock in practice. The last part is about the perfection of the prosecutorial supervision system within the existing system frame, a kind of reconstruction from the angle of system perfection and practice complement.