Study On The Civil Prosecutorial Supervision System In China

Civil supervision system with functions of defending legal equity, is an important part of the promotion of the rule of law, plays a positive role in the modernization drive. However, inherent drawbacks such as rough rules, loose system and so on, bring with an awful situation such as absence of clearly defined duties and responsibilities, absence of forceful supervision, and limited remedies. The academic world share no complete agreement on the function of the civil supervision system, especially, there are different views on the reservation and abolition, involving both researchers and practitioners. The Civil supervision system, which are amended remarkably in the civil procedure amendment bill, specifies the term of retrial ruling, regulates rating Jurisdiction, enlarges the fourteen causes of counter appeal, all of which enhance the civil supervision system and result in increasingly obvious functions. But the full exertion of the system needs further improvement of construction, which is a tough and important task.Starting form the proposition, the essay will probe into main functions and notable meaning of the civil supervision system for the legal system construction, basing on the current civil supervision system, tracing the historic line, combining with the views of researchers and the operation conditions, meanwhile, find ways of improvement of the civil supervision system by drawing lessons from the oversea development of the civil supervision system. Then, there are four chapters in the essay.The first chapter: The overview of the civil supervision system, which has two parts. Starting with the history of the civil supervision system, the first part studies on the initial purpose of the system, showing the influence of the soviet supervision system and the inevitability of the unique political system in China. The second parts shows the concrete content of the current civil supervision system after the amendment civil procedure, affirms the positive effect resulting from the amendment. The second chapter: The function orientation and value significance of the civil supervision system in China. The first part in the chapter researches on the essential function orientation and value significance, finds the reason of its existence, highlights the legal function of the role of legal supervision. Then the following part focuses on the value significance starting with the system value, including: defending the unification of legal system, breaking the local legal protection, restricting power by power, preventing monopolized power and abuse of authority, defending equity, building judicial authority, implementing valid remedy, alleviating social contradiction. The purpose of the studying the necessary value is to show that the legalization complies with national conditions and the needs of the legal construction.The third chapter: the deficiency of the civil supervision system. The chapter focuses on the deficiency resulting inefficiency of supervision and function. The first part discusses the disunity of legal explanation between the court and procuratorate, the limited supervision realm. The second part studies on the situation of the single supervising mode and the absence of assistant measure. The single supervising mode leads the rigid system, lacking of flexibility. The absence of assistant measure directly influences the supervising effect. The only court appeal couldn't make the supervising effect if it is ignored. Meanwhile put emphasis on the situation of inadequate intensity of supervision led by the absence of supervising detailed rules. The fourth part focuses on the weak strength of civil supervision which results that the supervision is impotent. The given analysis paves the way for improvement.The fourth chapter: The improvement of civil supervision system in China. Basing on the given study, aiming at the current problem, this part comes up with the envisage for the improvement of civil supervision system. The first part is the construction of supervision thoughts, including lawful supervision thought, respecting trial independence, overall supervision thought and limited remedies thought, the purpose of which are guiding the supervision work. The second part focuses on the enlargement of the realm of supervision including supervision for the lawsuit of the public benefit, of the civil execution, valid ruling anticipation document, which is aiming at the current narrow realm. The third part studies that supervision mean should not just only be court appeal, but be diverse. The diverse means can satisfy different type supervision cases. The fourth part discusses the improvement of civil supervision system. Aiming at absence of diverse means, it expound heavily on how to enhance the procurator supervision means, including specifying, obtaining evidence power, regulating presence of trial council conference etc. The fifth part discusses the detailed rules of court appeal procure.On all counts, the civil supervision system, which is a long-lasting hot issue, either has widespread approach value in academic circles or is the pressing need in practice. The discussion on it could not only promote the development of the system, but also avails the legal construction. In nowadays, in order to keep pace with the development of times, to service the economic construction better, the civil supervision system should be establish on the national conditions, we should learn from lessons from abroad, actively explore, pick up the improvement speed, fully exert the forceful function.