Study On The Civil Procuratorial Supervision System In China

The Civil Supervision System is to retry the cases sentenced by the people’scourt which meet legal conditions. On one hand its function is to relief the court’spressure and transfer complaints into retrial. On the other hand it protects the client’slitigation right and substantive right and it safeguards judicial justice and nationallegal order.The new Civil Procedure Law makes new rules about the Civil SupervisionSystem， mainly regulates the following ones: the first one is about supervisionscales， besides supervisions of effective judgment， it adds supervisions overexecution， conciliation and other judicial procedures： the second one is aboutsupervision methods， besides protest， suggestion from prosecutorial organizationbecome another one： the third one is that The people’s procuratorate has the right toinvestigate： the last one is The people’s procuratorate must send a witness in theCivil Supervision System.Nevertheless it doesn’t mean that The Civil Supervision System is but perfect，there are still some improvement to make. For example， it doesn’t regulate theoutcome of who disobeys suggestion from prosecutorial organization， and theregulations about Civil Supervision System are principles which are not easy to putinto practice. Besides， if the courts refuse to correct its erroneous judgments eventhey are protested， there are no negative punishments. The author seeks to analyzeThe Civil Supervision System’s current situations and difficulties to provide somebeneficial suggestions.This article consists of four parts， and the editor will gradually analysis thebasic theory of civil procuratorial system:Part one defines the basic content of civil procuratorial system. Firstly the authorreviews the development of civil procuratorial system to make a conclusion of itshistorical background. Secondly the author analyzes its definition and quality，including its purpose and basic components. Thirdly the author analyzes its basiccontents in detail， which are the different powers enjoyed by Peoples Procuratorate. Part two is the reflection of the current provisions and deficiency of civilprocuratorial system legislated by current Civil Procedure Law. Firstly the authordescribes relevant legislation in Civil Procedure Law，then he reveals the insufficientof current civil procuratorial system rationally.Part three is the suggestions to perfect civil procuratorial system of our country.The author made some suggestions to modify a few of articles of law from the aspectof legislation， theory and judicature.