A Study On The Improvement Of Civil Procuratorial Supervision System

Effective restriction of civil procuratorial supervision to jurisdiction could be able to prevent, detect and correct various violations in the civil trial activities and litigation processes, maintain the procedural fairness, and achieve real justice. To supervise various violations in a civil trial is the duty of prosecuting authority, which functions as a legal supervisor for the country. However, for a long time, because the provisions of law are not specific and imperfect enough, relevant judicial interpretations take a negative attitude towards civil procuratorial supervision, China’s civil procuratorial supervision often overweights subsequent supervision on serious entity error correction in a way of counter appeal, but neglects supervision on civil procedures and processes. This makes civil procuratorial supervision not cover procedures errors and minor entities errors for a prolonged time, and civil procuratorial supervision not function well. It is very urgent to establish and perfect the procuratorial supervision for violations in civil trial activities. Currently, the new Civil Procedure Code,2012has brought into effect, which grants the prosecuting authority the supervision power to violations in civil procedure in the manner of prosecution suggestions, which can not operate in judicial practice because the provisions are still too broad, specific supervision procedures are still not included. With the promulgation of the new Civil Procedure Code, the article begins with the analysis of courts’violations to reveal the deeper causes of civil procuratorial supervision system defects and focuses on the restructure of the procuratorial supervision for civil trial and the further discussion is to be stated in four parts.The first part mainly describes the various courts’violations in civil trial practice, and takes some examples.,and analyses the reasons of the courts’violations and points out the defects of the civil procuratorial supervision for trial is of responsibility. The second part explains the deeper causes of these problems from the perspective of legislation and judicial practice. Part Ⅲ considers the restructure of civil procuratorial supervision system for civil trial as a measure, and raises the procuratorial supervision institutional construction for violations happened in filing cases, execution, mediation and trial process, and the ways to achieve supervision. The last part answers some current theoretical questions about the building of the system of procuratorial supervision for civil trial. The article just acts as a spur to induce more experts and scholars to contribute to the research of procuratorial supervision for trial in order to supervise the violations in trial effectively and perfect the system of procuratorial supervision for trial.