On The System Of Prosecutorial Power In The Civil Arrangements

People have diverse opinions about whether the rocuratorial rights should be treated as the topic in law Sciences field, some people think it is judicial rights, some people think it is administrative rights or combination of two rights above, the others think it is an independent supervision rights to law. I think it is an independent and special national law with supervision rights. Why? From the content of procuratorial rights, it is different among different countries, types and phases, but these kinds of procuratorial rights own the same supervision character from the procedures of appearance, development and maturity, from the aspect of the national rights module of three rights, the inflation, low efficiency, passive and independent judicial rights are in need of restriction and mike up of procuratorial rights, the national rights module needs the independent procuratorial rights to make national rights structure appear balance and collaboration, from the angle of social rights maintenance, it is the requirement of protecting weak person, pursuing justice and the result of social life complexity that procuratonal rights touched the field of private law. How to set the Chinese procuratorial rights? From the national rights structure, it is an independent national rights (law upervision rights); from the so cal structure module, it is moderate rights connecting public rights with private rights; from the content of procuratorial rights,it is a concreteSupervision rights to law systems and different from other supervision rights. In order to understand the content of Chinese procuratorial rights more carefully, and study from the foreign advanced procuratorial regulation, we should know the contemporary different procuratorial regulations, especially socialism procuratorialregulations. From the direction of socialism procuratorial regulations, the procuratorial functions extended from the criminal field to the civil andadministrative fields, especially the Held of being in need of national and social public benefits maintenance; extended from the procedural field to the social affairs, especially to the field of protecting weak person. Considering the Chinese current procuratorial regulations.With world procuratorial regulations. It exist some problems in civil field: first: incomplete function of relief program,sole supervision method and narrow supervision range, second, insufficient strength in maintaining judicial fairness, no scouting rights to position crime, third, organization settlement and staff aren't suitable withreal condition, fonh,deficient in working flexibility when the regulations are incomplete.Regarding to the problems above, J think Chinese Procuratorial regulations should be fulfilled in the Directions below; first, possessing procedural rights in the phase of procedural bringing up. Second, in the phase of judgment) oinmg procedure and serve as law supervision when the cases were prosecuted by procuratorial organization directly; regarding to the re-judgement of other non-civil anti'procedural cases,actin as supervisor: regarding to other anti-procedural cases, joining the procedural and making supervision. Third, possessing supervision rights in the phase of performance, fourth, the procurator should have the title of procurator during procedural activities, fifth, making judgment in different locations.