Civil Prosecution Supervision System Research

The civil procutatorial supervision system ruled by China' law is playing an important role in windicating judicial fairness and authority and upholding the unifying implementation of the state's legality. The just and orderly system value is the nucleus value for the existence and development of the civil procutatorial system.The development of any theory and system is connected with history, especially for legality. Viewing from the historical tradition of China, the developed procutatorial supervision system in ancient time is one of the sourses for the civil procutatorial supervision system. For long the problem of evaluating the civil procutatorial supervision system has remained in an ambiguous state due to the shortage of impartment, inheritance, drawing lessons from history and the lower usage rate to domestic resources. But it should be noticed that the existence of current civil procutatorial supervision system has its theoretical and practical basis like the following aspects: 1. The system for National People's Congress is the constitutional basis of the emergence of the procutatorial system. 2. Lenin's procutatorial supervision ideas are the theoretical basis for the procutatorial system. 3. The reform to the economic system is the practical basis for the existence of the procutatorial system. 4. The pressing demand to perfecing institutional system. 5. The demand to the development and reform of judicial practice.Despite of this, some actually existing problems and disputes must be settled. In theory they are indicated as the following: 1. The query of right supervision and right balance. The procutatorial right, separated from national legislating right while parallel to administrative right and try right, is an independent and important right of the state. 2. There is worry in guiding line. The idea of "seeking truth from facts and correcting what is wrong" goes against the basic suiting and trying idea, as leads to endless unsettled disputes. 3. The relation of the civil procutatorial supervision and the independent try. The interaction of try right and procutatorial right prevents trying department and procutatorial department from abusing its right, so as to protect the lawful rights of the public and corporations. 4. The relations with the punishing right for litigants. In fact the civil procutatorial supervision does not affect thepunishing right for litigants, but only to safeguard judicial fairness and authority and protect lawful rights and interets of litigents. 5. The relation with judging finalization. Although there exist certain conflicts on value intention between civil counter-apeal system and jugement force, both of them have the same object. The abstractness and roughness on legislation together with strong principle have caused actually weak operation. The difference in practice, especially the disputes between two judicial departments of the court and the procuratorate, have caused delay and passiveness of civil procutatorial work, thus affecting lawful fairness and authority.The reform of national civil procutatorial supervision system is both a part of judicial system reform and a part of civil lawsuits system reform. Whether in constitutional system or in procutatorial system, the civil procutatorial supervision system is playing an important role. But to perfect the procutatorial supervision system, all varieties of interets and value conflits must be dealt with carefully, to seek balance and avoid going too far.On the basis of comparison and analysis, this paper tends to think that the national civil procutatorial supervision system should be reformed and perfected from the following aspects: 1. The perfection and construction of civil procutatorial supervision system should draw the mature modes for procutatorial system on civil lawsuits from abroad. 2. Furtherly revise and perfect the legislature to civil procutatorial supervision system. 3. On the basis of the demand of judicial practice, procutatorial department ought to keep on supplimenting and perfecting civil procutatorial supervision modes. Not only the existing counter-apeal system should be perfected in order to be operated at ease, but also the range of procutatorial supervision should be widened and the procutatorial supervision modes be added. For example, thea procutatorial deparmenet may file a public lawsuit and attend a lawsuit with the court of law practising supervision, thus more up to the real conditions of our social legality.