The Empirical Research Of Civil Prosecutorial Supervision Procedure

Miscarriage of justice, judicial corruption phenomenon emerge in endlessly so that the civil procuratorial supervision has became one of the hot topics with scholars concerned;2007years of amendments to the" Civil Procedure Law" on the subject of civil protest reason made specific provisions,on the civil case retrial trial level and concluded the duration of initial be clear,this makes the dispute of scholars on civil procuratorial supervision" save" or" waste" settled.2011years of civil procedure law amendment (Draft)" was announced, which indicates that the range of procuratorial supervision will be extended, the rights of the prosecution organs to raise a lawsuit, to access to the litigation file,to investigate and verify the truth,which is based on the cases of protested will be implemented. But the procuratorial supervision procedure has not been well improved, from the analysis of civil protest cases of types,the protest reasons of the prosecution organs’, and the situation of the court’s trial in Zhejiang province,we can see that our country’s civil procuratorial supervision procedure still existence the following problems:the parties to avoid litigation, ground level above the level of Procuratorate’s handling a case pressure and the grass-roots people’s Procuratorate had no case to do with the " inverted triangle" problem,"to seek truth from facts, and the mistake must be surely correct", as the guiding ideology of the civil protest institution," emphasize substance and neglect the importance of procedure "as the traditional concept of far-reaching and the levels of the people’s Court to retrial the protest cases and the retrial time limit is not reasonable. These problems need to be solved by later legislation, so that our country’s civil procuratorial supervision procedure will be improved contantly.