Analysis On The Civil Prosecutorial Supervision System In China

The civil prosecutorial supervision system is to point to by national procuratorialorgans to civil litigation related activities of the supervision system.According to theprovisions of the general civilian law can be seen, the law has been made clear to theprocuratorial organs to the civil trial of the activities of supervision, but in civilianlaw of specifics, procuratorial organs of the supervision of civil litigation is confinedto the effect of the protest has been victimised, it was clearly not to the legislation ofour country purpose. Only by this "after monitoring" means, the procuratorial organscan't to the civil litigation for good supervision. This paper to our country civilprosecutorial supervision and problems in the system as the breakthrough point,trying to from the system construction, on the improvement of the legislation for ourcountry civil prosecutorial supervision system reform to provide some operableSuggestions.According to civil case in court check direct system development course,through the original purpose of prosecutorial power produced to the procuratorialorgans step by step how to only the criminal case from the procuratorial supervisiondevelopment to to the civil case in court check direct the entire history of thedevelopment process and procuratorial supervision in civil system in China throughthe history of the development of the rough paper, that everybody can to the civilprosecutorial system of supervision origin have a more in-depth understanding of, ofour country in the future the civil prosecutorial supervision system reform anddevelopment of providing the historical basis.In our country civil prosecutorial supervision system of the dilemma of thischapter, for the present civil prosecutorial supervision system by focusing on thecomparison of the author deeply the problems, such as the civil prosecutorialsupervision system in our country has its existence is essential; And the procuratorialorgans in the work of actual encounter problems, such as the scope of supervision system of narrow, due to imperfect and judicial organs in the supervision and theconflict on the problems such as proposed, shows that China's civil prosecutorialsupervision system at present are faced with the problem, the plight of the.Perfect our country's civil prosecutorial supervision system idea, this chapterwill from the practice, strengthen existing protest from right, increase theprocuratorial organs of civil indictment power, for implementation of the campaignfor the supervision and improving legislation, and other ways to construct and perfectour country's civil procuratorial supervision system.Through to the civil prosecutorial supervision system, the development historyof the problems existing in the process of the civil prosecutorial supervision systemand how to perfect the legal system to make the procuratorial organs to give full playto its civil lawsuit activity of the system of the supervisory function such as ideadiscussion, we can see the procuratorial organs of the civil lawsuit procuratorialsupervision function produce development more late, experienced founded slowdevelopment period, produce period-and now, to recover the development time,although at present the civil prosecutorial supervision function in a relatively stablestate, but the system still need to be improved, perfect, its top priority is to resolve thecurrent all kinds of problems existing in the system. After intense discussion from thecurrent academic circles the conclusion to see, for the civil prosecutorial supervisionsystem of basic to do not exist already exists, the objection procuratorial organsthrough the civil prosecutorial power of supervision to the exercise of judicial organsto the civil case applicable law is correct and the judicial power of the exercisesupervision, such already can rise to prevent public power abuse, also can rectify theapplicable law for mistakes and appear trial the mistake, therefore said theprocuratorial organs to civil litigation supervise, there is the need to exist, andtherefore to be sure. The current need to study the exploration is according to the civilprosecutorial system of perfect and need some new supervision ways into the amongthem, the current procuratorial supervision system of civil reinforcement. We believethat the current civil prosecutorial supervision system of innovation in strengtheningthe procuratorial organs shall be key to civil litigation activities based on the theory ofsupervision, through the legal standard to perfect it, for its constructing the rational legal feasible supervision system.Visible, either from the work experience of the judicial practice or from the legaltheory study provided the conclusion to see, the civil prosecutorial supervisionsystem and popularization ideas, enhance people's legal concept than method, themore practical and effect is remarkable. And to improve procuratorial organs withinthe civil prosecutorial supervision to the attention of the system, and the internal workon the center of gravity of the distribution, strengthen the procuratorial organs in thecivil litigation activities of supervision is very beneficial. For the civil prosecutorialsupervision system construction, ask its always adhere to the principle of legalprinciple, the objective, principle of austerity. Against judicial fairness, justice valuepursuit behavior may appear in any stage of the civil litigation activities, so theprocuratorial organs of the supervision of civil lawsuit also should run through theactivities of the each link, but in the practical work, procuratorial organs can only tojudicial effective judgement to the protest, and only this a supervision and way,apparently this and we are pursuing target is the value of the exact opposite. So intime to solve the civil prosecutorial supervision system exists in the problem, and inthe law be explicitly stipulated, and make the system standard and highmaneuverability of the law.