| This paper consists of the " preface", " main body of the article " and " conclusion" ,while "the main body" comprises four chapters. Chapter one is about the basic principle of "civil supervision" .In order to rationally understand the " civil supervision " and to theoretically explain the following chapters, this chapter firstly states the "civil supervision" as a type of legal supervision to civil proceedings and civil offense, authorized by the organs of state power in the institution of People's Congress ,aims at protecting the unity and proper implement of Chinese civil law system as well as the legal rights of natural persons, legal persons or other organizations by initiating civil prosecution, attending the prosecution and presenting a civil protest. Secondly this chapter characterizes and clarifies the civil supervision to define its intension and extension .Finally this chapter explores the target ,value and function of the civil supervision from a jurisprudence angle. Chapter two is about the study of the difference between Chinese civil supervision and foreign ones. In order to verify the development of Chinese civil supervision system, this chapter compares and analyses the difference between Chinese and foreign civil supervision systems on the base of the study of the systems' origin and historical vicissitude. Chapter three is about the study on the foundation of the civil supervision system. Rooting in Chinese constitutional construction, this chapter firstly proves the theoretical foundation of the civil supervision by analyzing the relationship between the independence of trial, prosecution construction balance, the definite effect of the judgment and the rights of disclaiming of the involved parties. Secondly by analyzing the current situation this article proves that the civil supervision system is necessary in eliminating local judicial protection, restraining corruption in judicial field and making remedy to the involved parties' rights as well as in promoting the healthy development of Chinese social market economics. Chapter four is about the consideration and reconstruction of Chinese civil supervision .This chapter consists of three parts: part one discusses the current legislation situation and defects of Chinese civil supervision system,, mentioning the lack in integration between the general provisions and subordinate provision ,in the diversity method of supervision ,in the range of supervision ,in the definition of supervision authority ,in the proper procedure and the supervision objectives; part two states the principles that the civil supervision should follow, including overall and limited principles, the principles of respecting the rights of involved parties and of considering the public interests, principles of necessity and possibility and the basic principles of civil procedure .part three puts forward ,on the study of part two ,an idea about improving Chinese civil supervision system in supervision objectives ,method ,range, limits of authority and procedure . The "conclusion" briefly induces the main viewpoints of this paper. |
