Discussion On The Civil Procuratorial Supervision

Civil procuratorial supervision system is the important content of the procuratorial system, but also is an important component of the civil law system。From " Civil Procedure Law " enacted in1991, the civil procuratorial supervision system has obtained the rapid development in Our country. After the revision of" Civil Procedure Law " in2007, some problems had been refined on the procuratorial supervision, but still leaving a lot of controversies and blank in the theory and practice. The judicial practice has proved, the people’s procuratorates exercising the right of supervision over civil action is the essential safeguard mechanism, also an effective remedy method. However, the current legal provisions of the civil procuratorial supervision mechanism has a series of problems,as the stipulation is too general, the scope of supervision is too narrow, the lack of interoperability,etc,so that make this power becomes a mere formality to some extent, it is difficult to play its due role. Establishment of a complete set of the civil procuratorial supervision system and making it effective operation and implementation have great realistic significance undoubtedly to guarantee judicial justice and safeguard the national and social public interests." Civil Procedure Law " revised once again on August31,2012, strengthen civil procuratorial supervision is the important content of the amendment, and also the expectations of all parties. This article is based on our specific national conditions, combined with the civil procuratorial supervision practice, to discuss four aspects of theory,as the concept and the fonction of the basic principle of civil procuratorial supervision, the basic of establishment and the value orientation of our civil procuratorial supervision system, the comment on the preservation and the abolition of our civil procuratorial supervision system, the basic principle of our civil procuratorial supervision. It also analysis hot specific questions in practice of the civil procuratorial supervision combining theory with practice, in order to further improve the civil procuratorial supervision theory and strengthen the civil procuratorial supervision system, promote the healthy development of civil procuratorial work, play the due role of civil prosecutorial supervision power.