The Research Of The System Of The Civil Prosecutorial Supervision In The Context Of The Improved Rule Of Law

As an important system of Civil law, the system of the civil prosecutorial supervision plays an important role on ending disputes and safeguarding the legitimate rights and interests of parties and promoting judicial justice. However, the current system of the civil prosecutorial supervision can be said to be struggling to run due to various factors. Therefore, to perfect the system of the civil prosecutorial supervision become the necessary of the ruled society by law. Overviewing the research results to the system in the academic field, the results of its truly in-depth study are rare. It is the main line through the study to summarize the problems in the operation of the system and perfect it on the basis of the basic theoretical study to the system of the civil prosecutorial supervision.In China, the constitutional position of the prosecutorial organ is the legal supervision organ of the state. The civil prosecutorial supervision is the form of the legal supervision function of the prosecutorial organ in the civil action and the constitutional basis of the prosecutorial organ to participate the civil action. There are two functions of the prosecutorial organ in the civil proceedings: filling a civil public prosecution to damage the national interests and the public interests of the society and the important interests of individual citizens and carrying out the supervision on the civil proceedings and civil enforcement activities. Currently, the prosecutorial organs of the main civil law and common law countries have advanced experience of intervening the civil actions to learn. Compared with the foreign countries, the current laws of our country provide only one supervisory way: protesting. Our laws exist some inadequacies in the scopes of the supervision and the modes of the supervision and the allocations of the rights to protest. In order to perfect the system of the civil prosecutorial supervision, we must strengthen the theoretical study and enhance the legislation on the scopes of the supervision and the modes of the supervision and the allocations of the rights to protest and improve the judicial system so as to guarantee the system for the smooth operation.