The Reform And Perfection Of Civil Procuratorial Supervision

The civil procuratorial supervision system in our country has a historicalbackground of legal development with Chinese characteristics It plays anindispensable role in the judicial organ supervising, discovering and correctingmisjudgment, maintaining social justice, safeguarding national, public legitimaterights and interests. The civil procuratorial supervision system has gone through threeperiods, the initial period in1982, the institutional improvement period from1991to2007and the break through and perfection of civil procedure act in2012. Themodified civil procedure act expands the scope of supervision, increase thesupervisory objects and methods, strengthen the protection measures, which realizesthe transition from a single limited supervision to the binary and entire supervision,from substantive supervision to the procedural supervision, and shows a prudent andlegislative idea. Of course, the revised civil procedure law also creates newchallenges. Parsing the new development and breakthrough of the civil procuratorialsupervision system, analyzing the new challenge civil procuratorial supervisionsystem is facing and finally finding out the path and way can make the civilprocuratorial supervision system improve in legislation, in terms of the theorydiscussion and in the judicial practice.Chapter1analyzes the theoretical basis of the civil procuratorial supervisionsystem, lists the main points on whether to maintain the civil procuratorialsupervision system, and then gets the theory basis of civil procuratorial supervisionsystem based on the legitimacy and necessity of it.Chapter2recalls the legislative process of the civil procuratorial supervisionsystem first and then analyses the development of the civil procuratorial supervisionsystem. The civil procuratorial supervision systemexpands the scope of supervision,adds the objects and methods, and strengthens the supervisory methods, which makesthe civil supervision power of procuratorial organ achieve an unprecedenteddevelopment. Lawmakers, of course, keep the rational deep attitude towards thesupervision rights and also make certain restrictions on the operation of the civil procuratorial supervision system. At this point, the civil procuratorial supervisionsystem presents three aspects of development.Chapter3first analyzes the power boundaries, execution scope, the applicationand effect, and investigative power that the civil procuratorial supervision system isfacing, Put forward measures to deal with new challenges, and the measures ofcoordinating the civil procuratorial supervision system.