A Research Of The Civil Procuratorial Supervision System

With amending the Civil Procedure Law of the People’s Republic of China in 2012, the civil procuratorial supervision system is becoming more and more concern, at the same time, it makes civil proceedings in accordance with the law have a legal specialized agency. The supervision of.civil proceedings is an important part of the people’s procuratorate in supervising work, and it can maintain the authority of the judicial activity; it can supervise the judicial organs that play their duties on the civil proceedings in accordance with the law, and implement of relief for infringement of the parties to a civil legal rights and interests. Civil procuratorial supervision system has experienced a tortuous development process in China. The system develops from the definition of development theory in the macro aspects to studying on the specific implementation details, by constantly questioning the meaning of development with destruction to rehabilitation of its own value, issued by the local implementation of the local development to issue the whole laws and regulations of civil proceedings, it has experienced a single method of supervision to the multivartion cooperation of supervision. Such the above development is a necessary stage to the new issue, the ups and downs both test the feasibility of implementing civil procuratorial supervision system and also provide rich nutrients to the research of civil procuratorial supervision system, continuously pushing and perfecting the system forward pace in our country.However, this system is still stay in the development stage, there are lots of insufficient problems continuously coming out as in-depth researching, it requires law scholars and workers making efforts to perfect this system, and it also makes the system more and more having research significance. The purpose of this paper bases on the theoretical research, this paper analyses the basic theory of prosecutorial and the principles of the civil procuratorial supervision in our country, therefrom it lays solid researching foundation for the civil procuratorial supervision system. By studying the development of civil procuratorial supervision system in our country, summarizing about the application of this system the various other countries, it can provide working experience and reference value for the current civil procuratorial.In order to finish this paper, it adopts three research methods. The first way is comparative analysis method. This paper research the development of domestic and overseas’civil procuratorial system from both horizontal and vertical comparison. It analysis the transition and development of the civil procuratorial system from the horizontal aspect, it puts attention to the two historical stages of the early and after the reform and opening up. On the vertical method, it compares Common Law system countries, Civil Law countries and the former Soviet union and Russia’s civil procuratorial system in the legislation and practice experience. It reveals the background and conditions of the civil procuratorial system through the above two kinds of comparison.The second method is data studies. In order to finish this essay, writer has used for reference before writing this paper, there are Lixin Yang, Ping Mu, Xinsheng Li, Deling Wang, Xianwei Zhang, Zongzhi Long, Qian Sun as so an those who have lots of experience and theory in procuratorial supervision aspects and have complied lots of books both on the civil procuratorial supervision. The information are obtained by investigating the literature, this paper research the definition of lawyers in the civil prouratorial supervision system and realize the current situation of the civil prouratorial supervision system from the procuratorial authority, the principle and mode of the civil prouratorial supervision system, and the scopes of the civil prouratorial supervision system. The technology integration is the third method. It is given the priority to principle of law, at the same time, it absorbs knowledge such as sociology, political science, public administration and so on. This paper tries to jump out of the limited framework on the law of the civil prouratorial supervision system,so that it makes the civil prouratorial supervision system to get better and better from the three aspects of trial, mediation and implement, and then the technology integration comes true.The whole paper is divided into five chapters. The first chapter is the introduction, the definition of the prosecutorial authority in our country is the second chapter, the third chapter is mainly about the comparison the civil prouratorial supervision system at home and abroad, after this is talking about the basic principles of the civil prouratorial supervision system, the last chapter is mainly about the construction of the civil prouratorial supervision system.The first introduction is mainly divides into the background and significance of the research, literature review and research methods. The civil prouratorial supervision although is a component of procuratorial supervision, but it has the same important status as supervision of the criminal and administrative supervision. The new revision of the Law of Civil Procedures has caused to the attention of the civil prouratorial supervision system. Studying on this system can preferable guide working of the civil prouratorial.The second chapter defines the nature of prosecutorial authority in our country. This section begins with the definition of the nature of prosecutorial authority which has agreed by lots of scholars. It explains five representative opinions in China’s academic circles:the jurisdictional theory, executive power, the double property, the power of legal supervision. Meanwhile it analyzes from the above five aspects it still farfetched. This section put the five separation analysis of first quarter together, and then it comes forward how to define our own points of view about the nature of prosecutorial power in our country.Chapter three is mainly about the comparison the civil prouratorial supervision system at home and abroad. At the longitudinal aspect, the paper analyzes the development of the civil prouratorial supervision system in our country. In the lateral aspect, it summarizes the excellent experience of this system in the other countries. There are three kinds of way that procuratorial organs will mainly adopted in the civil prouratorial supervision which are summarized from the various countries in civil prouratorial supervision.Chapter four is talking about the basic principles of the civil prouratorial supervision system. In this chapter, the basic principles of formulation factors should be considered at the beginning, it should started from the legal proofs and the judicial practice, and it also considers both from the theory and practice, which lays the foundation to the summary of the basic principles. And then, this chapter comes forward four aspects about the basic working principles of the civil prouratorial supervision system which combine with the real situation in our country.The fifth chapter is mainly about the construction of the civil prouratorial supervision system. In the new revision of the Law of Civil Procedures, the scope of civil procratorial supervision spreads from the civil trial activities to the whole activities of the civil litigation. The practice of the procuratorial supervision have met lot of problems which never comes out before in the unfamiliar territory with the expansion of the civil prouratorial supervision. This chapter analyzes the construction of the civil prouratorial supervision of our country from three major areas which there are civil trial supervision system of procuratorial supervision, civil mediation system and the civil execution procuratorial supervision system.