Discussion On Improving Civil Judicial Procedures

Case handling rules of Civil Procuratorial is an important part of the Civil ProcuratorialSupervision System, however, it starts late in China and its theoretical study is still relativelyweak. There are still a lot of flaws in the legislation and many contradictions and blanks injudicial practice.There exists a great dispute on the core content of the scope and ways ofsupervision in the area of theory and law practice when it comes to the Civil ProcuratorialSupervision System. This leads to a barely satisfactory of case handling rules of CivilProcuratorial about its formulation situation and implementation status. The rules fails to givefull play to its proper functions and roles.This article based on our country’s judicialpractice,using the method of legal analysis and empirical analysis to expound the legalbasis,the practical significance, problems of Civil Procuratorial case handling rules and toexplore a thorough path and method in improving the rules.In this paper, there are a total of more than29000words, in addition to the introduction,the main body is divided into three part.The first part analyses the current situation of Civil Procuratorial case handling ruleswhich starts from the formulation and application situation.By the means of summarizinglegal regulations, feature analysis, introducing its origin and developing history to expoundthe existing problems of case handling rules of Civil Procuratorial.This section mainly pointsthe flaws of incomplete system, legislation blanks and contents lag in formulating CivilProcuratorial case handling rules which has generated the problem of low degreeapplication and non-uniform standard, it also affected the rules’ due valve of procedurestandardizing in the work of case handling.The second part evaluates the necessity of improving the rules from three aspect,legislation, theory and practice. Legislative level: since2007, twice modification of the law ofCivil Procedure have entirely improved the Civil Procuratorial system. It has specified thecontents of the right of civil supervision and proposed a higher requirement oflegislating.Meanwhile, with the further deepening of judicial reform and changes in theconcept of basic supervision of civil supervision system,which promote the alteration oflegislation.Judicial practice level：judicial fairness, judicial for the people and judicialefficiency are the realistic request to the Civil Procuratorial case handling rules in the realization of law society. Level of theoretical study: to study the rules is an important part ofthe school of civil prosecution.The study achievement of civil procuratorial system is lookingto the rules of case handling to reflect in the process of a certain work in practice. So, toimprove the Civil Procuratorial case handling rules is the inner needs of civil prosecutionstudy.The third part presents the specific conceive to improve the Civil Procuratorial casehandling rules. It has proposed proposals about how to improve the rules in three aspects,further improve the rules’ basic principle,concrete institution and establish the accessoryinstitution of the Civil Procuratorial case handling rules.