Civil Prosecutorial Supervision Practice Case Studies Class

In recent years, game jurisdiction of court and procuratorate power of legalsupervision is becoming increasingly fierce, especially in the civil litigation supervisionon. Judicial interpretation itself causes system deficiencies,inadequate laws andregulations, examination system "conflict", leading to the legal supervision ofprocuratorial organs in civil supervision limited to protest the function, and inaccordance with the current law, the prosecutorial protest of procuratorial organizationalso due to system design and other reasons have not been real play.In2013, the civil procedure law new be introduced, the protest function ofprocuratorial organ can be strengthened,the civil supervision system can be perfected,the new system can be established and play its due role, the partieswill be all-roundprotection in the civil procuratorial supervision, the last tube card relief rights. In fact,the civil procedure law new although will protest scope extended to the partialmediation cases, but also the parties appealrelief duration reduced to6months, andprotest in the procedure adds to the appeal to the trial court appeal of thispre procedurebefore appeal to the procuratorial organ. Can be understood as, procuratorial organscounterappealscope to strengthen supervision, butwith the processing backlog of cases,protest mayprocuratorial organs will continue to reduce, to some extent, litigant’s appealright in procuratorial tache did notstrengthen. In response to this new trend, how tobetter, give full play to the civil supervision function of procuratorial organs, the lastbarrier of entry points whereby civil remedy legal means that civil procuratorialsupervision is a matter of expediency, extending through the methods of work ofprocuratorial organ to solve the.Procuratorial organs for the civil prosecutorial supervision cases are often take thecase of protest as the focal point, through to each specific case review, protest, correctthe wrong decision, the court ruling. Correspondingly,the method of supervision is an important choice of civil procuratorial organs of the legal supervision function.Theproblem itself contains the facts wrong, applicable law properly, program illegal,discretion abuse substantive or procedural errors, including even the judges playfavouritism and commit irregularities, breach of privilege and other factors. From thesupervision system and the way of China’s existing, the procuratorial organs on the kindof caseanalyzes the type, sort out the problems of the reasons, and then targeted,focused on the wrong judgmentsupervision, it is an effective way to expand, improvesupervision means supervision effect. The problem of case,similar case supervisionmethods such as the concept of the exploration, combining the civil procuratorial workpractice and specific case, analyzes the main reason for the problem, the necessity andfeasibility of building thecivil procurator supervision system of the little my humbleopinion.