The Research On The Patent Appended

In recent years,Our country is devoted to deeply reforming the judicature, of course, Procuratorial Organ as a system of the Judiciary becomes one of the objectives of reforming.Owing to deeply impacting by paying attention to criminal,but neglecting the civil,Criminal Procuratorial Supervision was surely the most important of the Procuratorial Supervision in the past. With the rapidly development of socialist market economy, economic activity becomes all-time and brisk, a variety of economic disputes are increasing, new types of cases continue to emerging,it is more and more difficult to handle so that the cases appeal to the Procuratorial Organ quickly increase. On the other hand, the development of Civil Procuratorial Supervision also caused widespread concern from community and people,so the importance of the Civil Procuratorial work has been become increasingly prominent.The system of Civil Proseeutorial SuPerv1sion has made an significant contribution to promoting the judicial justice, seting up Judicial authority, protecting the legitimate rights and interests of parties, maintaining social stability, it has played a vital role in the legal construction of our country, and promoting the process of the rule by law in china.At present stage,there are still many shortcomings about The system of Civil Proseeutorial SuPerv1sion in china. It has three views of Theory,such as "Cancel the theory","Weaken the theory" and "Reinforce the theory", The difference don’t only come from the theory and understanding, but also the confusion of judicial practice which bring by the lack of legislation, In that case,there is no legal basis for this system to operate in practice,and restricts the development of The system of Civil Proseeutorial SuPerv1sion.It is necessary to disscuss and research this system from the theory,what’s more, we must fumble and summarize experience in practice for making it more mature.The author hopes to through many theoretical and practical research of The system of Civil Proseeutorial SuPerv1sion, to make up for the deficiency of The system of Civil Proseeutorial SuPerv1sion.The article except the introduction can be divided into five parts: The first part is the basic concepts and characteristics of The system of Civil Proseeutorial SuPervlsion. First of all,Starting from the conception of Civil Procuratorial Supervisionset, To discriminate Civil Prosecutorial SuPervision from Civil Proseeutorial Protest, and made analysis of nature about the Civil Prosecutorial SuPervision,Immediately. Followed by, explaining The system of Civil Proseeutorial SuPervlsion, is used to distinguish between The system of The criminal prosecutions supervision. The second part talks about legislation and practice status and shortage of The system of Civil Proseeutorial SuPervlsion in china. From two aspects of legislation and practice to make an analysis, summed up shortcomings of The system of Civil Proseeutorial SuPervlsion, hoped through these phenomena in the profound analysis, will be helpful to improve construction of The system of Civil Proseeutorial SuPervlsion.The third part analyzes why The system of Civil Proseeutorial SuPervlsion necessarily exists in China. It demonstrates the necessity of the existence of the civil procuratorial supervision system in China from two part of theory and practic. The fourth part studys The system of foreign Civil Proseeutorial SuPervlsion.The author selects the continental law system、Anglo-American law system、The Soviet Union and Southeast Asia that have significance on behalf of these countries to analyze. The author chooses these countries as a study object has certain pertinence, it hope that will be helpful for building The system of Civil Proseeutorial SuPervlsion of china.The fifth part which is the most important in this article, Puting forward to perfect The system of Civil Proseeutorial SuPervlsion in China, it hopes that through these efforts to continuously improve The system of Civil Proseeutorial SuPervlsion in China.