Study On The Range Of Civil Supervision

The prosecution is defined as the legal supervisory authority by theChinese constitution and the Organic Law of the prosecution, which formsthe basis of the expansion of the inspection and supervision scope. However,the present law that lacks the specific procedural requirement is soprincipled that the inspection and supervision scope always remains in therange of the subsequent protest. The ex-appeal stage, the appeal stage, andthe illegal-basis implement stage after the trial are all not included in theinspection and supervision scope. The author believes that the disadvantageof crown of civil supervision only can be found from the theory of theinspection and supervision scope and the legislative situation. Meanwhile, itis necessary for the implement of the full-monitor principle to demonstratethe technical and legislative feasibilityThe article is formed by the abstract, the text and the postscripts.Themain body is also divided into five addressed part.The main body is alsodivided into five addressed part.The first part is the basic theory of the scopeof the civil supervision. This part gives a clear definition of thecorresponding crown of civil supervision from the relationship between theright of the crown of civil supervision and the right of the civil legalsupervision and the meaning of the crown of the civil supervision.Furthermore, what introduces the sense that makes the inspection and thesupervision scope clear.The second part is about the study of foreignlegislation about civil range of prosecutor supervision including Sovietmodel, Anglo-American model, German-Japanese model and French model.Then I will make some comparison about the different models. I will make aconclusion that we should adhere to the nature that the prosecution willconduct legal supervision, then recommend the foreign legislation about theprosecution involving in civil, realizing the comprehensive development of the range of prosecutor supervision finally.In the third part, I will analysisthe present situation and defects of prosecutor supervision in our country.Begin with the theoretical disputes and legislation of the range of prosecutorsupervision, I will get the conclusion that, the defects of the range ofprosecutor supervision in created by the absence of prosecutor supervisionin V. the former, V. and implementation of the court. Factors that hinder thelegislation will be grouped into: the lag of prosecutor supervision ideal,misunderstanding and technical defects in legislation.In the forth part, I willmake some feasibility analysis about outreaching the prosecutor supervision,contrary to the discussion about defects and legislation barriers in the thirdpart.The last part is about the thinking of how to adjust the civil prosecutorsupervision, including changing the idea of prosecutor supervision, buildingrelated system, adjusting the existing legislation. With these measures, therange of prosecutor supervision will be implemented finally.