Research On The Procuratorial And Investigative Rights In The Perspective Of Civil Procedural Law

Civil rights of the prosecution to verify an important way to monitor the latestrevision of the " Civil Law" a lot more involved in the civil investigation and protest theconditions, but involves too general, so the contents of the current gaps investigativepowers, this article is divided into the following four sections are discussed.The first part, the prosecution investigative powers Overview and theoreticalexploration. Prosecution’s investigation and verification rights can be traced back toancient Chinese system of legal supervision, investigation and verification civil rightsprosecution is actually a legal oversight authority is subordinate to judicial supervision.For the prosecution should have the right to inspect and verify that there are three maintheories, namely, negative to say, say and limitations strengthening say, from ourpoint of view on the current judicial designed to follow the restrictions say moretheoretical.The second part, the prosecution necessity of the existence of investigativepowers. Prosecutors the right to investigate and verify the " Constitution " in theproposed design of a power in the new " Civil Law" is also clear that the prosecution ’sright to prosecutorial verification. All this illustrates the prosecution has the right toinvestigate and verify the important role of legal supervision, and in judicial practice,the prosecution also has the right to investigate and verify the maintenance of a fair andimpartial judicial role. Both in common law or civil law are on the prosecution ’sinvestigation and verification of a clear right from this point of view, China’sprocuratorial organs investigated and verified the existence of the right is in line withinternational practice.The third part, under the Civil Procedure Law of the angle right to the status of theprosecution’s investigation. From the current investigative powers of the legislative prosecution current situation, there are still obvious problem of low level of legislation,while details of the legal system did not make the appropriate provisions, whichresulted in the prosecution ’s right to supervise the investigation and verificationdiminished role of the problem. This is often manifested in the judicial practice of themore prominent.The fourth part of the civil rights prosecutors investigating the improvement anddevelopment. Currently plaguing our civil rights prosecutors investigating the biggestproblem is the scope of the problem, there is the objective problems, so these twoaspects need to be detailed provisions. Perfect right to prosecutors investigating anotherkey is to follow what principles, and only in the specific principles targeted support tobe able to design, the last is right for prosecutors investigate and verify the details of thedesign.