Supervision Procedure In The Civil Case Frame And The Corresponding Relationship

The research on the supervision of the process of civil lawsuit is a kind of direction which is put forward and taken into consideration in order to adapt the theory and practice. Based on the theoretical basis, legal basis and practical basis, it is particularly necessary for the timely establishment and reasonable configuration of the supervision of the process of civil lawsuit, above all, it can break through the limitations and disadvantages of the current legislation and judicial situation that rely on the supervision after litigation. As for litigation structure, the courts exercise the judicial power and the parties exercise the right of prosecution, and this is isosceles triangle structure, and that is the judges are located the middle of the court to avoid leaning to either side. The supervision of the process of civil lawsuit did not break the balance, but to a certain extent result in some kind of alienation of isosceles triangle structure of litigation, and the litigation structure is somewhat complex. In view of the advantages and disadvantages of various procedures framework, the diamond structure not only maintain and carry out basic principle of the isosceles triangle structure, but also reflect legal supervision of the procuratorate by nature, and adapt to the needs of the co-ordinate litigation mechanism so on. In addition, it is important straighten out the relationship between the supervision of the process of civil lawsuit and civil procuratorial supervision the right of disposition, in particular the trial independence. Further, no matter the procuratorates participate in civil procedure for function of supervision, or for the maintenance of specific interest, and this fact does not directly affect the court trial independence value, even though it may lead to objective outcome which influences the independence of judicial, such results in fact are irrelevant to procuratorate supervision. Therefore, as for the relationship between the supervision of the process of civil lawsuit and judicial independence and the key is to establish a kind of idea that the original intention of the supervision of the process of civil lawsuit is rectify various factors which influence orderly judgment process or correct judgment results, but also can build a kind of good atmosphere.