Study On The Civil Prosecutorial Supervision System In China

The system of Civil Prosecutorial Supervision system is in line with the civil law concept of a modern judicial system,which is extremely important and play an irreplaceable role in the control and supervision of the Operation of power and to ensure judicial impartiality and authority. in the soil of Judicial practice in China, The status of work of justice determines the necessity of its existence, we need to strengthen and improve the system rather than not. In fact, our Constitution and related laws have explicitly defined the prosecution as the legal supervision organs, and draw up rules and regulations of Civil Prosecutorial Supervision in Civil Procedure Law, which is the system of Protest.After ten years of operation and development, The system of Civil Prosecutorial Supervision system has made remarkable achievements, but there are also many gaps from the legal and social effects that the system of Civil Prosecutorial Supervision system should have.Viewing the dilemma of The system of Civil Prosecutorial Supervision system in practice, we can find many reasons:for example, the Civil Procedure Law of China's current law is not perfect, there is conflicting between some different laws, leading to many unnecessary conflicts between the Procuratorate and the Court; for example, the specific procedures for the provision of civil legal protest are not enough, leading to the loss when the Procuratorate is in the exercise of the right to protest; another example is that many judicial staff exist stereotypes in the long term,such as "puting emphasis on criminal law but looking down the Civil Law", leading to the lack of adequate resources and low quality of Civil Prosecutorial Supervision.Looking at The system of Civil Prosecutorial Supervision in western countries, the gap is that the range of prosecutorial supervision is narrow, the means of the exercise of prosecutorial supervision is single, the procedure of prosecutorial supervision is simple and the Procuratorate do not have enough rights in the exercise of Civil Prosecutorial Supervision. Because of this, the research on The system of Civil Prosecutorial Supervision system have the value of academic and is also an urgent need for Judicial Situation.In order to play a better role for the system of Civil Prosecutorial Supervision in our counry and to protect the legitimate rights and interests of citizens, it is necessary to improve The system of The system of Civil Prosecutorial Supervision in the future: firstly, to improve our current system of civil protest, the range of extensions the civil Protest should be widende and the procedures of civil protest shoule be improved, so the current role of Civil Procedural can be played better; secondly, granting the prosecution the right of Public Interest Litigation, which can protect the national public interest, public order and good morals effectively; once more, the system of Participation in the proceedings for the Procuratorate should be set, which can transform the focus of the Procuratorate from the end of the proceedings to Pre-action and from substantive supervision to Procedural and supervision for the Judgment, so the effect of inspection and supervision can be played maximally and maintain judicial authority better;Finally, the rights of Prosecutorial Supervision for Civil Enforcement should be institutionalized, which can fundamentally solve the problem of illegal enforcement and protect the interests of our nation and the parties better.