On The Perfection Of The Procuratorial Organs Of Civil Prosecution

Since the foundation of civil procuratorial system in our country, good supervision effect have been obtained through investigation and development continuously in practice. But current civil procuratorial system is not perfect and there are still existing some problems and shortages. It's extensive paid attention to theory field and actual situation field because of acheivement and malpractice, but there is existing vast differences among many standpoints. We can't deny that civil procuratorial system is in conformity with the state and indispensable to our nation. It's not only in conformity with power restriction theory, judical fair theory and unification theory between judical authority and legal system, but also adapted to characters of law superision organization established in constitution. And in practice it is proved that its positive effect is develped on supporting judical authority, judical fair, legal rights of party concened and so on. But some problems and shortages are listed here on legislation. Firstly, the fixed supervision scope is narrow and supervision means are simple; Secondly, the power of civil procuratorial counter appeal excuted by superision organization isn't fixed clearly; The third, serious and deadline of counter appeal case are not definitely regulated; The fourth, definition of counter appeal's reasons is blur; The fifth, the power of civil procuratorial is restricted; At the last, civil public prosecution need to be established immediately. And some problems are founded in supervision practice: the first, there are existing many problems in retrial of counter appeal case; The second, there is existing many problems in civil procuratorial system itself. But this system can't be canceled because of those problems, we should make up for malpractice, rectify problems and improve the system further. Compared with other continents's and British and American civil procuratorial system, the scope in our country is more narrow, but it's limited to inspecting after civil case, so grand space can be explored. Measures following should be taken to improve civil counter appeal system: firstly, supervision organization should be established as main body during retrial; Secondly, the scope of the civil counter appeal case must be explicit; The third, reasons of civil counter appeal must be perfected further; The fourth, peer counter appeal and cognization should be implemented; The fifth, the deadline of counter appeal case need to be fixed definitely; The sixth, the power of supervision organization to deal with counter appeal case should be clear; The last, the title and function of supervision organization attending retrial lawcourt should be regulated clear, and at the same time the organization should be endowed with power to appeal to civil public prosecution against lost of state-owned property case, and its position and function in civil public prosecution case should be ruled definitely. So supervision organization's supervision function is sufficiently exerted through above measures, and benifit and dominion of state are also maintain, in order to gradually achieve fair in all of our country.