The Research On The Civil Procuratorial Power

The civil procuratorial power is an important manifestation of the procuratorial power in civil field, with which the procuratorial organs make Legal supervision of civil litigation on the basis of the Constitution and the law. After the judicial practice, the civil procuratorial power is of great significance, which can give full play to the supervisory role of the procuratorial organs, promote justice, enhance the judicial authority, safeguard the legitimate rights of the parties, and maintain the unified and correct implementation of civil law. However, with the amendment of civil procedure law, the scope of the civil procuratorial power expand,and the civil procuratorial supervision involve of civil litigation deeper, which have some adverse effects of the independence of the court trial, the right to dispose of the parties and the stability of Litigation structure. Therefore we need to make reasonable regulation of the civil procuratorial power with the judicial practice,In this paper, the first part is the introduction. First it introduces the research background, theoretical significance and practical value of the topic. Then it elaborates the domestic and foreign research status about the civil procuratorial power and its evaluation. Finally it introduces the main content of this article and research methods.The second part describes the basic theory of regulation on the civil procuratorial power. First it introduces the concept, the characteristics, the theoretical foundation and the function of the civil procuratorial power. Then it explains the legal position of the civil procuratoaril power of our country and the necessity of regulation. Finally it analyzes the participation of regulation on the civil procuratorial power from three aspects of the principle of limited supervision, participation supervision and efficiency supervision.The third part discusses the present situation and the defects of legislation of regulation on the civil procuratorial power in china. First it discusses the present situation of legislation from three aspects of the scope, the type of supervision and the mechanism of supervision. Then it points out that the defects of regulation on the civil procuratorial power in china lie in the expansion of civil procuratorial power, slack power constraints and imperfect supervision mechanism.The fourth part analyzes the path of regulation on the civil procuratoaril power in china. First, it discusses how to limit the scope of the civil procuratorial supervision.then it points out how to regulate the main power of civil prosecutorial power from the civil right to protest and the right of civil procuratorial suggests and civil execution supervision. Finally, it analyzes how to perfect the civil procuratorial supervision mechanism from the civil procuratorial supervision hearing system and responsibility system.