The Right Of Investigation And Verification In Civil Inspection And Supervision

The procurator’s right of investigation and verification in civil inspection and supervision has been in an embarrassing position because the judiciary and the academic circle have been unable to agree with each other on it for a long time. At first, the Law of Civil Procedure modified in 2012 recognizes the procurator’s right of investigation and verification in civil inspection and supervision on the level of law. Then, the Supreme People’s Court’s Interpretation of the Law of Civil Procedure of the People’s Republic of China, which came into force on February 4,2015, affirms the validity of the proof obtained through the procurator’s exercise of the right to investigate and verify in civil inspection and supervision from the perspectives of submission and cross-examination of proof. However, there are insufficient provisions concerning the specific contents and application mechanism of the right in current laws, which need to be improved a lot. Therefore, it is necessary to make provisions for the right of investigation and verification in civil inspection and supervision and to make more detailed provisions for its operation so as to lay a basis for the procurator to exercise this right. This thesis starts from the concept of the right of investigation and verification in civil inspection and supervision. Then it summarizes the current legislation concerning this right. It also analyzes the existing problems of the right. Based on this, the author puts forward the suggestions on further improving the right in our country.