Civil Procuratorial Supervision System

As a part of civil action system, the procuratorial and supervisory system in the civil procedure in our country is in a relatively awkward position, the reason of which is that constructing and operating this system lacks the judicial belief support. Analyzing the questions existing in the operating this system, carrying on rational cognition on questions to the judicial beliefs of the inspection supervisory system of civil action and under respecting the historical cultural tradition and prerequisite of the modern basic law of the administration of justice of our country, I make every effort to draw the scrupulous conclusion independently. Besides introduction and concluding remark, this article altogether includes five parts in the main body structure.The fist partThis part is mainly about the forming process of the procuratorial and supervisory system in the civil procedure. It also analyzes the being, development and the difference of civil procuratorial system of Chinese and western countries. Through comparing and analyzing the supervision and restraint mechanism of Chinese and foreign civil actions in respect of tradition, culture, system and economy, it announces the inherent cultural tradition background of the mechanism, probes into the restrict factor of the system in the course of system itself operating of the civil action and, points out that different legal systems may be totally produced under the same legal principle foundation. Therefore, it should be an idea from which lessons should be mainly drawn, but not concrete system.The second partThis part deals with the origin cause of formation to the supervisory system of civil procuratorial work. According to the principle that interferes and balances with power, the relative independence principle of the administration of justice and the principle of relief right, it analyzes the legistimation of the system and the rationality of development in this system through the historical cultural tradition. Based on the objective reality that justice phenomena miscarry, the poor quality of the law object and the pursuit of social stability, the existing necessarity of the system is presented.The third partThis part elaborates the basic content and the legistimation of the procuratorial and supervisory system in the civil procedure. Through analyzing the main body, the object, the way of supervising, the validity and the limitation of the jurisdiction and superintendence of the civil procedure and so on, it expounds the concrete content of the system.The fourth partThis part just makes a rational analysis on the relevant problems of supervision and restraint mechanism of civil action at present. I have made a rational analysis to the basic demand that the system be preserved according to the public's cognitive principle;formulated legitimacy question about the design and operating of the system in theory. To the question of belief related to supervising, such as the legal authority's judicial authority and authoritative relation of judicial department, have done the abundant argumentation.The fifth partThis part rebuilds the procuratorial and supervisory system in the civil procedure of our country in aspects of belief and system .In terms of belief I make the choice to the civil action, namely insist on the principle " originally based on soil in the civil action, the idea transplanted in order to complement ".The belief that should be established is the power supervisory idea which belongs to the administration of justice, the limited supervisory idea and the authoritative idea of administration of justice of policy if just. In terms of system the reconstruction and imagination of the system is presented. Because belief issue and system design coexist, the supervisory system must be reconstructed. It mainly includes: according to power supervision principle, confirming the main responsibility body that supervise, setting up objective appraisal in judicial act and correct mechanism, setting up administration of justice authoritative brute force maintain mechanism, giving procuratorial organ temporary respite to propose right and establishing the guarantee and implement system in protested cases.