On Meaning Of Ruling By Law Of Civil Prosecutorial System

It is a piece of procuratorate's important responsibility to supervise the trial in civil procedure, which is authorized by constitution and other laws of our country. From years of prosecutorial practice in civil and administrative procedures, we can see that the establishment and operation of prosecutorial system plays an active role in maintaining judicial justice, keeping social stability and inhibiting judicial corruption and so on. However, because of inherent defects of system designing, combined with the fact that it suffers resistance and rejection form its objection when operates, the prosecutorial system produces some negative effect at this period. Under the amendment of civil procedure law, there is a heated debate on establishing or canceling the prosecutorial system in civil procedure between theoretical circles and practical circles, so the system's further development has confronted unprecedented challenges. Those who take the negative attitude towards civil prosecutorial supervision think it has a large number of faults; while others argue that it is of great practical necessity. Obviously, the two parties are not arguing on the same level, which is of none sense for further discussion. With a purpose to make a reasonable value judgment of civil prosecutorial system of its legitimate basis, this article takes related academic disputes and judicial practice conflicts as the starting point, and then reconsider and review the system from the high level of the meaning of ruling by law.