Research On Civil Prosecutorial Supervision System Of The Retrial

Civil retrial procuratorial supervision system as an important system in civil procedure law, in the maintenance of judicial justice, supervision and law enforcement, protection of public interest litigation, the security of civil execution plays an important role. Due to the difference in the level of economic development and the national historical and cultural differences lead to the law of foreign countries of civil procuratorial supervision system set up different regulations and procedures, we should go to its dregs, takes its essence, constantly perfect our civil retrial system of procuratorial supervision.Current for retrial civil procuratorial supervision system in China made a big revision and introduced the corresponding judicial interpretation, to say the current civil procuratorial supervision system has had the very big progress and achieve perfect. To learn, we still need to revised the retrial and profile for perfecting the civil procuratorial supervision system of some of the problems that exist, exploratory Suggestions on the existing problems. At the discretion of the our country civil judges amplitude is very big, it’s left power rent-seeking space, judicial corruption occur repeatedly, some wrongs, make people to doubt the judicial credibility and authority of China, strengthening the retrial of civil prosecutorial supervision has become the trend of judicial reform, and the current ongoing anti-corruption storm is reflected in our country, to improve the judicial credibility, safeguard judicial justice, to promote the harmonious and stable development of society has an important significance.This article mainly from the three most of retrial civil procuratorial supervision system are discussed and the research, the first is mostly about retrial civil procuratorial supervision system of the theory analysis, respectively from the concept, nature, function and discussing the three aspects of war. The second most is according to the revised part of civil procuratorial supervision system, the second most is divided into two pieces, the first a few for retrial procuratorial supervision and judicial power, retrial procuratorial supervision and the referee in theory of res judicata is contradiction makes a brief analysis; The second part is divided into six aspects, and the six aspects aimed at the current retrial civil procuratorial supervision system to make evaluation, some of the problems in the first part is about number of retrial application in supervision and procuratorial supervision system question; The second aspect is about the elaboration for the body of the procuratorial supervision problem; The third aspect is procuratorial supervision problem to define the scope of retrial,civil execution supervision mode and two parts; The fourth aspect is retrial program design defect of the procuratorial supervision system; The fifth aspect is to explore the relevant civil liability system; The sixth aspect is the retrial procuratorial supervision mechanism imperfect. Third part is the second most of the six aspects of the question for appropriate to the proposed solution.