The Research Of Civil Procuratorial Supervision Right Of Investigation

In2012, the civil procuratorial supervision right of investigation is finally established in the amendment of Civil Procedure Law. It’s different among the investment right in supervision over placing a criminal case on file and the detection power in criminal cases. Given the importance of playing the civil inspective supervisory authority, regulating the civil procuratorial system, improving the public interest litigation system to meet people’s expectation of justice, it’s necessary to establish the civil procuratorial supervision right of investigation.However, by analyzing the status quo of China’s civil procuratorial supervision right of investigation,as a kind of public power,it should be regulated and protected.It is essential to regulate the civil procuratorial supervision right of investigation, following the result of realizing the value of civil litigation, ensuring the equal status of civil parties, and stabling a valid judgment. To reach the goal, it should follow the principle of necessity, of neutrality and of distinction.To be specific,in full consideration of judicial system,the function orientation and judicial resources to clear application scope.in full consideration of power restriction and power protection to ensure available condition, in full consideration of judicial practice problems and judicial practice need to elaborate exercise methods and procedures,in full consideration of internal restriction and external supervision to improve supervision mechanisms.In order to protects the enforcement of civil procuratorial supervision right of investigation, it must give prosecutors civil public prosecution right and recognize the status of the subject of litigation, ensure the effectiveness of the prosecution evidence formed by independently owned and legally cross-examined, urge the individuals and related organizations to cooperate.In a word,to establish and perfect the system ofcivil procuratorial supervision right of investigation,and promote the construction of the rule of law.