A Comparative Study Of Civil Procuratorial Power

The engagement of civil litigation procurator organs is a common phenomenon in the world. The civil prosecutorial system plays an important role in the theoretical and practical way in all countries. China’s current civil prosecutorial supervision and connotation is still more monotonous, in fact it only confine to the court after the civil protest activities. with the social economy development, background and the improvement of the environment, we should redefine the civil prosecutorial supervision and connotation, improve the rigid civil prosecutorial supervision and theoretical basis, and try to make perfection of the system, and importantly gift in procuratorial organ of China civil indictment power, to perform comprehensively the procuratorial organs in the civil law enforcement function.This essay probes into the current procuratorial organs civil indictment power which concerning theoretical basis and system construction path-way. Currently it should adhere to the supervisor position, to keep pace with the Times, enrich and perfect the procuratorial organs of the civil power of supervision. At the same time, to coordinate the civil prosecutorial supervision and civil judicial independence, the relationship between the civil litigation securities, try to utmostly avoid conflict, greatly enjoy the procuratorial supervision in civil justice system. Civil indictment powers are based on the transformed procuratorial organs, it belongs to the constitution of the national power distribution mechanism, should be respected and more appreciated. The procuratorial organ in the civil lawsuit is to perform supervision function and protect the public interests; it also needs to exercise its right to realize the procedural litigation. As a matter of fact, Civil indictment power is a kind of effective program, without this program, it is hard for procuratorial organs to safeguard the public interests. China’s civil procuratorial supervision shall be incorporated into the legal track, such supervision must be able to operate in the legal authority reality, not just a slogan. In the paper, the author make the comparison of Chinese and foreign procuratorial organs of legislation, as well as China’s procuratorial organs of civil prosecution system history, defined the concept of the procuratorial organs of civil right to explore the establishment of the procuratorial organs and the civil right of the theoretical basis, and analyze the civil right of action, make clear the legal status of the prosecution in a civil lawsuit, also made some thinking in the prosecution filed.