Research On The Right Of Investigation And Evidence Collection Of The People's Procuratorate In Civil Procedure

Can the people's procuratorate have the power of investigating evidence in civil procedure, how to implement it? This topic is very popular and eristic in recently. Although the newly revised "Civil Procedure Law" in 2007 has increased the new evidence as a part of civil protest reason, which greatly enhanced the status of procedural justice, however, the provisions whether the procuratorate have right to investigate and collect civil evidence for the effectiveness of civil inspection and supervision did not appear in the new law. The legislation didn't make the relevant regulation and judicial interpretation conflict with each other, which lead a contradiction between the court and procuratorate, also affect the procuratorate's supervision effectiveness. In my opinion, the right of investigating and collecting evidence is a essential measure in supervision system and civil procedure for welfare, and the reform and improvement of the evidence collection system have a profound significance.This thesis is comprised of five parts and illuminates the topic comprehensively. This thesis starts from the concept, ideological roots and system evolution of the procuratorate's investigation right in civil procedure, explores the domestic and foreign relevant system and assimilate the prosperous results. The second part focus on three points about the investigation at present, including the view of abolition, the view of reinforcement and the view of restriction, and a corresponding assessment. What's more, in the following I analyse the procuratorate's different function in civil welfare and individual case, and prove the significance of its existence in civil procedure. The core of my thesis emphasizes on the problem and issues of legislation research in juridical practice, along with the reconstruction of investigation and evidence collection system. The article proposes several measures to improve, includes: strengthening the legislation, starting the procedure, the inspection, the scope, the method, evidence effectiveness, as well as the investigation in civil procedure for welfare, and makes efforts to reform and perfect the system.