On The Theory And Judicial Practice Of The Civil Procuratorical Supervision System Of China

Modern procuratorial supervision system came of the king procuratorial action. Nowadays, the civil procuratorial supervision system has four patterns: Britain and American pattern, German and Japanese pattern, French pattern and Russian pattern. The current procuratorial supervision system in China uses the Russian pattern for reference and grows up with the development of politics and economy. The procuratorial supervision system of China is an important judicial system regulated by Chinese constitution and law, which is noted for the characteristic of after supervision, procuratorial protest without day, retrial put up absolutely. At the present, there has been furious argue in the theory on the abolishment and preservation of the active civil procuratorial supervision system of China. Thus, we must understand and evaluate objectively it. On the one hand, we should understand its rationality. On the other hand, we should make a clear head of its deficiency. We can mend and perfect it within our constitutional system so that it will play its proper role.