On The System Of Civil Procuratorial Supervision In Our Country

Along with the establishment and development of Chinese Current Civil Supervisory System, there have been significantly positive efforts on legal supervision issues. However, it has been evidenced that some problems are still existed in the system, which have abstracted considerable academic and practical concerns in recent years. However, it cannot be denied that as one of the essential and necessary systems in accordance with Chinese society, the building of the Civil Supervisory System not only comply with the academic theories in terms of Balance of Power, Judicial Justice and Harmonization of Judicial Authority and Legal System, but practically conform to the legal supervision functions of prosecutorial organs. Under backgrounds regarding to the current legislation model, legal system as well as judicial practices, the necessity and importance of Civil Protest System being one of most important approaches of civil prosecutorial supervision has been conductive to the substantially realistic meanings. It has been proved that on one hand Civil Protest System has imposed dramatic advantages on maintaining judicial authority and judicial justice as well as protecting individual rights, on the other hand there are a great number of shortcomings and defects existing in Civil Protest System, which should not be the ground to abolish Civil Protest System. In my opinion, comparing to Civil Supervisory System in other countries relating to both civil law family and common law family, the scopes of Chinese Civil Protest System is restricted narrowly, which consequently leads to promoting potential. Nevertheless, the acquirement of prosecution powers on the purpose of public interests in certain circumstances will be advantageous to perform the functions of legal supervision and safeguard the national and social benefits, in turn result in social justice.