Civil Prosecution On A Review And Reconstruction

The so-called civil procuratorial system is, in a simplified term, a general name for the civil procuratorial rights recongnized by the state laws with which the procuratorial organs supervise the enforcement of civil procuratorial laws and the civil trial activities and the various legal systems abided by in excercising civil procuratorial rights as well. The Chinese civil procuratorial system can be traced back to an ancient Chinese system called YUSHI梐 high position in the feudal Chinese central government supervising legal affairs and managing important gorernmental documents. In the early 20th century, the capitalist procuratorial system was introduced into China when the Qing Dynasty launched a movement called BIANFAXIULU-introducing institutional reforms and making laws. The civil procuratorial system was included in this movement. After nearly one century's de-velopment, the Chinese proeuratorial civil procuratorial system has been established step by step. It is a pity that the civil procuratorial rights endowed by the Civil Procedural Law of 1991 has quite a few defects and can not adapt to the general practice. These defects include: (a) The form of supervision is simplistic. It prescribes only one supervising way for the People's Procuratorates to protest the obviously incorrect judgments and decisionsby by the People's Coutts. (b) The supervised scope is too narrow. It prescribes that People's Procuratorates have the right to protest judgments and decisions by the courts that should have already taken effect. There is no prescriptions for those which have not taken effect, what is more, the supreme Court has repeatedly made judicial explanations to further constrain the scope in which the People's Procuratorites could launch protests against the judgments and decisions by the People's Courts. (c)The Procuratorates at the grass-roots levels in our country have norights to raise protests against the courts judgments and decisions. Many cases are thus assembled in most municipal and upper People's Procuratorates. (d)The cases that are being protested by the procuratorates are not prescribed at which level of courts to be retried and some confusion thus arise.The difficulties in legal practices caused by the imperfection in legislation are more than these mentioned above. This paper thus puts forwards some suggestions on the above problems, (a)It is necessary to expand the supervision of the People's Procuratorates to cover civil enforment decisions, enforcements in advance and bankrupcy decisions by the People's Courts. By so doing, the completeness of the civil procuratorial rights can be kept and the incorrect judgments and decisions by the courts can be corrected in time. (b)The People's Procuratorates should have the right to protest against not only those that have taken effect but also these civil judgments that have not taken effect yet so as to lower the procedural costs. (c)It is important to prescribe clearly that the cases being protested by the procuratorates should be retried by the People's Court that accepts such protests, (d) It is necessary to broaden and perfect the ways in which civil procuratorial supervisions are carried out and make it a standard legal practice for the procuratorial organs to take legal proceedings, take part in the proceedings and raise procuratorial suggestions.