On The Procuratorial Supervision Over The Activities Of Civil Trial In China

Our country civil procedure law is by the constitution took the legal origin, had partially stipulated in the general rule the People's Procuratorate is authorized to the civil judicial activitiesimplementation law surveillance principle. "Chinese people RepublicCivil procedure law" has promulgated the implementation since April, 1991, the procuratorial agency carries on the surveillance to the civil judicial activities the work already to develop the nearly for 20 years, because legislates is imperfect and in the judicial practice examines law two to know on the difference, this work still inexploration. Our country civil examination surveillance source to Lenin's legal surveillance theory, infers our country civil examination surveillance system according to the judicial authority and the civil action value goal realization need two angles the realistic necessity, and practices two stratification planes analyse sat present from the theory the civil examination surveillance to have many malpractices, this request carries on the consummation to the civil examination surveillance system: First the civil examination inspector general should persist the judicial fair principle, follows the civil action basic principle the principle, the respect trialin dependence and maintains the referee authoritative principle,persists the national interest and the social public interest principle, the judicial efficiency principle, the correct processing examination surveillance and the referee result sexual relationship principle; Next consummates in the surveillance scope and the inspector general way as well as the start retrial procedure aspect.