On The Civil Prosecutorial Supervision Model

The purpose and the realization of the civil action are firstly subject to the scope of legal evaluation that legislators make on the civil disputes and the choice of the way to resolve the civil disputes. Standing on the position of legislators, two principles should be considered firstly: The first is the principle of rule of law. In modern society, any members of society ,who are offended against, have the right to seek the fair procedures to resolve disputes ,and the principle of rule of law meets the requirement of the procedural justice. The second is the principle of economy. Emphasis on efficiency is the basic value orientation of the principle of economy, and to handle social conflicts efficiently is both the good intention of subjects of conflicts but also the goal of the legislators.1The effect of the prosecutorial supervision system on ensuring justice and constructing a harmonious society generally increases. According to judicial practice and the active exploration of various civil prosecutorial supervision patterns, these judicial experience ----filing public interest litigation,the recommendations of retrial,supporting the prosecution,urging the prosecution,criminal incidental civil actions,inspection suggestion and execution supervision and so on----provide valuable material and practice experience for the study on the civil prosecutorial supervision model. At the eve of the reform of judicial system and the modification of the Civil Procedure Law, and in the context of further promoting the three priorities (Fair and honest law enforcement,the resolution of social conflicts,the innovation of social management), the paper explores and seeks for the objective rules of the development of civil supervision ,then constructs civil prosecutorial system in line with the need of the rule of law in China.