The Study Of Civil Supervision System In China

The prosecutorial power as the national civil rights strength in a relatively independent authority type, concerns its nature viewpoint and the position involves the administration, the judicature as well as the inspector general and so on multiple attributes. According to the Constitution, the People's Prosecutorate of China's specialized legal supervisory authority, its right to conduct the implementation of legal subjects with the supervision of the force of law, which represent the State by the People's Prosecutorial carried out by a special oversight is often referred to as "Attorney supervision" .Attorney supervision is the most widely monitoring type of the China's supervision system. The prosecution's authority in civil proceedings can be called Civil prosecutorial, which is the concrete embodiment of the Attorney supervision in civil proceedings.Civil prosecutorial is one kind of legal supervisory authority, entrusting with the Prosecutorial agency widespread authority in the civil action is the common phenomenon in various countries' legal system. Both the common law or civil law countries, the Civil prosecution supervision system entrusted with the Prosecutorial agency procedural right, that is the prosecutor based on the purpose of safeguarding the public interest involved in civil proceedings in accordance with law. Compare with the overseas legislation and the judicial practice, the legislation of China's civil prosecution is careless and the surveillance way is unitary .Protesting is the only way which is clearly defined in the law. However along with social economy's development, society's progress as well as the improvement of legal environment, the existing examination surveillance way has been unable to adapt the improvement of legal environment, the civil examination control system urgently awaits to establish by the sole -like surveillance the new pattern which develops to the entire form surveillance.Constructing China's civil examination control system's should realize the intervention surveillance gradually to the safeguard surveillance, surveillant's role to the participant role transformation, expand the civil prosecutorial power, surveillance's scope must cover the trial, the mediation, the execution and so on each link. The surveillance way should from supervise afterward develops participates in namely the civil appeal system to anticipation lawsuit, consummated the safeguard mechanism of the examination supervisory authority, entrusted with the Prosecutorial agency anti-right of suit to exercise in process examining test papers and the investigation evidence collection power.The consummation of civil examination control system should base on our country national condition and keep pace with the times, simultaneously must coordinate the good civil examination surveillance and the jurisdiction independence, the litigant disposition right relations, avoids its conflict, guarantees the examination control system in the modern judicature system the value function full display.