Study On The Procedure Of The Civil Litigant To Apply For Procuratorial Supervision

The new civil procedure law enacted in2012, made the scope of civil checks andsupervision extended from civil proceedings to civil action,extending the scope ofProcuratorial organ about procuratorial supervision. For the first time,law give thelitigants a civil rights to apply for the procuratorial supervision,and open the wayabout application, and standardize the application content. The parties could apply tothe people’s procuratorate for retrial procuratorial supervision, and application forprocuratorial supervision of enforcement activities and illegal behavior ofprocuratorial supervision in the process of trial judges. In this paper, we regard theproblem about litigants’ application to a civil procuratorial supervision as theresearch content, by arguing the theoretical foundation of the application for theparties to a civil procuratorial supervision procedure and the status of thelegislation,trying to point out the weaknesses existing in the procuratorial about theapplication for the legislation and the practice of defects supervision program, aimingat looking for the improvement of the reasonable suggestion, and also is a prospect ofthe legal changes and judicial interpretations in the future.Except the introduction and words expressing thanks, this article is divided into threeparts, and the main content is introduced as follows:The first part, the basic theory of civil litigant applying for procuratorial supervisionsystem in our country and the legislative status. First of all, it introduces theprocuratorial supervision principle and the basic content of procuratorial supervisionpower, starting from the theory,it leads to the litigant apply for constructing the legalvalue of procuratorial supervision system, and analysis the rationality of its existence.It believes that the parties’ application for the procuratorial supervision and legalprocedures should conform to stability and entity justice, procedural justice, promotethe efficiency value of the basic requirements. Then, by the method of the new civilprocedure law changes as the background, it analyze the current legislative situationabout parties’ application for procuratorial supervision.The second part, the problem of civil litigants’ application for procuratorial existing insupervision system in our country. Starting from two aspects, one is the problemsexisting in the application of the parties, and the other is the problems aboutprocuratorial organ accepting the application. In the application of procuratorialsupervision program, first of all, there are weaknesses in the "After the court’sprocuratorate first " because of hasty legislation. Second, the time limit of the parties applying for procuratorial supervision law did not make that clear, once again, itanalyzes the problem existing in litigant carrying out the supervision procedureapplication. Finally, it analyzes the application of judicial personnel problems existingin the supervision procedure of illegal behavior. In the procuratorial organ to acceptthe application of the parties, imperfect working mechanism and low procuratorialsuggestion effect are the more obvious problems.The third part, the suggestions of improving our country’s civil litigants’ applicationfor procuratorial supervision system. On the basis of the former two parts, the authorput forward the proposals through the analysis. According to many problems aboutapplication program and acception program, we should act according to the situation,and improve the design of the litigants’ application for procuratorial supervisionpragram in making laws, and standardize the working mechanisms of procuratorialorgan accepts an application, and improve the efficiency of procuratorial suggestion.We should open ways by which litigants apply for procuratorial supervision, andenhance the effectiveness of procuratorial supervision. We should protect the legalrights of litigant in civil and safeguard judicial justice.