Research On The Power Of Investigation And Verifying Of The Civil Prosecutorial Supervision

In the new "Civil Procedure Law", there is only one piece of legislation about thepower of investigation and verifying. It is necessary to keep a steady exploration andperfect the power running system in practices to enhance the effect of the civilprocuratorial supervision. However, all exploration must be based on the principle oflegal and strictly comply with the provisions of the existing legislation. Moreover,perfecting the powers should be under the principles of objectivity and fairness inorder to prompt procuratorate to use their powers correctly. In addition, it is importantto prevent the unlimited expansion and abuse of the power. Thereupon, the civilprocuratorial supervision will be worked under the law.The first chapter is the concept of the power of investigation and verifying. On thebasis of new "Civil Procedure Law", the connotation of the power of investigation andverifying can be obtained by means of analyzing the purpose and gradation ofexecution of the power. After that, some difference can be found through making acomparison between the power of investigation and verifying and other similarconcepts.The second chapter is analysis about the property of the power of investigationand verifying. Starting from the upper concept, namely the civil procuratorial authority,via analyzing its character and its core power, namely the power of counter-appeal and procuratorial proposal, it is can be concluded that the essential attributes of the powerof investigation and verifying not only the right of legal supervision but also theguarantee of actualizing civil prosecutorial supervision.The third chapter is legislation evolution and new exploration of the power ofinvestigation and verifying. First of all, it introduced the controversy about supportingthe establishment of the power of investigation and collecting evidence or negating.The argument always be discussed by scholars and practitioners before theestablishment of the power of investigation and verifying. In the next place, afterconsulting the legislation history of the power and comparing the draft revision of thenew "Civil Procedure Law", it can be found that the provision of the power ofinvestigation and verifying is a compromise.The fourth chapter is demonstrations concerning the justification of theestablishment of the power of investigation and verifying. The establishment of suchpower does have its legitimacy and rationality, not only responding practical needs, butalso according with theoretical expectations. Meanwhile, the power of investigationalso exists in four representative foreign countries, namely the United States, France,the Soviet Union and Russia.The fifth chapter elaborates the operational principle and perfection of the powerof investigation and verifying. The first part is to demonstrate that operations of thepower should be careful and circumspect. The second part is to propose the furtherexpectation to perfect the power, including the content of the power itself andaccessorial supports, based on the current legislation.