The Civil Procuratorial System In China

It has become a common sense of the world to build a country under the rule of law. The 15th national party congress of CPC formulated the policy of ruling the country according to law: "We must enhance judicial reform to ensure institutionally that the judicial organs conduct trial and supervision independently and fairly".The key point of judicial reform is the reform of civil trial style, whose main idea is the realization of process justice and democracy as well as fairness and effeciency of civil trial. This paper argues that the reform involves not only the inner-court change to"inclusive civil court"and"inclusive case", but also the referm and improvement of civil procuratorial system. This paper mainly focus on the reform and improvement of procuratorial systerm and hopes to contribute to the perfection of procuratorial system of China with the research.This paper consists of four main parts.Part one. Outline of civil procuratorial system of new china. This part redefines civil procuratorial system, clarify its main content briefly and reviews the forfuous development of civil procuratorial system of new China.Part two. Legal basis of civil procuratorial system. In this part, it first questions ideas such as "a negation to trial dependence", "an interference to intension autonomy", "a threat to the system of the court of second instance being the court of last instance" and the idea that there is no misjudged case in civil trial which object to the existence and strenghening of civil procuratorial system. It's argued that the practice of civil procuratorial system is to meet the requirement of "restrain power with power", "check and balance power with rights" and the demand of legal principles of " being realistic and truthful, corret mistakesimmediately wherever made "; It also satisfies the need to rectify the shortcoming of the system of the court of second instance being the court of last instance, to safeguard judicial justice, to ensure unified right practice of law and defend the interests of the nation, the mass and the whole society.Part three . Evalnation of current procuratorial system of China.Thispart first gives a brief introduction of procuratorial system of China, it m aintains that the practice of the right to appeal against a judgement plays an active role in promoting judicial justice and safeguarding the legal rights of the citizen , and that the current procuratorial system of our country has the following six imperfections ; lugging behind of procuratorial work intime ; one-sideness in supervision ; unitaryness in supervisary style ; limitness in supervisary conditions ; deficiency of supervisary authority and reverseness in trial system .Part four .Tentative plan of civil procuratorial system reform and perfection.1 .Reform and perfection of appealing against judgement system . It's argued in this part that supervision after the judgement is made should be changed to supervision within the trial , and thus appealing can be made when mistakes are found before the judgement become effective ; that appealing conditions should be detailed to facilitate the practice ;that the process scope should be enlarged ,the process be standardized and the mediatory paper can also become the object against which appealing isconducted .2 .The rebuilding and perfection of the system of civil lawsuit initiation .This part maintains that the legal capacity to sue is an important component part of supervisary , and the procuratorial organs , as public prosecutor ,pusses according to law the right of prosecution to start a public charge against the cases of loss of national assets ,cases concerningpublic interests , large foreign-related cases and those cases that people's procuratorate regards there is the need to .3. Reform and improvement of other supervisary styles .This part forward suggestions for the reform and improvement of procuratorial descision and the participation of the lawsuit...