Research On The Reform Of China’s Appeal Systemand Civil Procuratorial Supervision System

The prosecutorial appeal system is an important judicial relief system to protect the relief of entity rights of the civil litigant, which should embody the judicial principle of seeking truth from facts, correcting mistakes whenever discovered, and accepting the lawsuit whenever lodged with supervision and restriction by the judicial organs, but also embody the idea of autonomy of private right of the parties interested, right of action determined by the law, free disposition and other ideas of the modern procedural law. The historical practices of the civil prosecutorial appeal system in China and the relevant provisions in the foreign civil procedure law provide historical and foreign reference for the establishment of the new civil appeal system.The Supreme People’s Procuratorate officially announced the Rules of the People’s Procuratorate on the Supervision of Civil Lawsuit(Trial)(hereinafter referred to as the“Supervision Rules”) on November 18, 2013, which is implemented as of the date of publication. The “Supervision Rules” make great improvement on the civil appeal system. Based on the background of the “Supervision Rules”, this paper elaborates the connotation of the new civil procuratorial appeal system, analyzes the new bright spots thereof, establishes the principle of acceptance and trial separation, the peer supervision mechanism, and the final supervision mechanism.This paper analyzes the influence of the new civil appeal system on the procuratorial work, and the new challenges posed on the handling mode of the procuratorial organs, including the cases of refusing to accept the first instance judgment which are accepted by the grass-root procuratorates will be reduced, higher demands will be posed on the handling efficiency of the procuratorial organs and the supervision ability of the civil procuratorial officers, and the pressure of quiting lawsuit and accepting judgment will increase. In the meantime this paper also explains the problems of the appeal system in time, procedure, malicious complaints, civil execution and so on, and based on these proposes suggestions, including to strengthen the existing supervision right on protest, to improve the mechanism of civil procuratorial business management, to establish the mechanism for the prevention and punishment of malicious complaints, to establish the mechanism for quiting lawsuit and accepting judgment, and to strengthen procuratorial supervision in civil execution. Based on these questions, this paper offers the suggestions for the solution thereto, hoping to offer reference and suggestions for the improvement of the civil prosecutorial appeal system in legislation and also hoping that the operability of the new civil prosecutorial appeal system and the civil procuratorial supervision system can be strengthened and can better play its functions and roles.This paper elaborates the prosecutorial appeal system and the civil procuratorial supervision system in the three parts.Part One: summarizes the prosecutorial appeal system in China. On the basis of the analysis of the appeal rights, the prosecutorial appeal rights as well as the civil prosecutorial appeal system and in combination with the provisions in the “Supervision Rules”, this part analyzes the connotation and reform background of the new prosecutorial appeal system.Part Two: bright spot and deficiency of the prosecutorial appeal system and the civil procuratorial supervision system. This part mainly elaborates the bright spots of of the new civil prosecutorial appeal system and emphatically analyzes the deficiency thereof based on the influence thereof on the procuratorial work from the perspective of the procuratorial organs, including failing to make provisions on the deadline of the procuratorial supervision, to make provisions on the more detailed provisions the procuratorial suggestions, to refine the safeguard means of the civil procuratorial supervision, the complexity of deliberation procedures by the procuratorial committee, the generalized provisions on the supervision on the implementation, insufficient refinement of the rules of separation of three rights of acceptance, handling and management of the internal procuratorial organs and lack of the mechanism of malicious complaints.Part Three: improves the construction of the prosecutorial appeal system and the civil procuratorial supervision system. Based on the analysis of the deficiency of the new civil prosecutorial appeal system, from the perspective of the prosecution, the author offers the suggestions for the improvement the supervision right on protest,the civil procuratorial business management,the prevention and punishment of malicious complaints, quiting lawsuit and accepting judgment and civil execution.