Research On Investigation And Verification Right Problems In Civil Prosecutorial Supervision

The procuratorate’s investigation and verification right in the civil prosecutorial supervision is a specific manifestation of the legal supervision right. The purpose of setting the investigation and verification right in the civil prosecutorial supervision is to understand the necessary information related to the effective judgment, mediation documents, judgment, and activity execution, so as to decide to adopt proper supervision means and better execute the legal supervision right endowed by the constitution to the procuratorate. As the civil procedure act specifies the relative principles towards the investigation and verification right, it lacks operability, which indicates that it is quite necessary to study the problems related to the investigation and verification right. In the juridical practice, to properly apply this right, the procuratorate should achieve deep understanding of its connotation. On the basis of understanding its basic connotation and feature, it is necessary to distinguish the difference between this right and the investigation right owned by the procuratorate, and the evidence investigation and collection owned by the people’s court, master the purpose and significance of executing this right, and establish correct civil action supervision concept. To carry out analytic research on the basis and development process of the investigation and verification right is favorable for us to understand its origin and the necessary of endowing the procuratorate with this right.In the theoretical cycle and judicial practice, although difference opinions about the investigation and verification right of the procuratorate in the civil action have been raised, it still gains development in the disputes. From 2001 to now, the procuratorates in different regions have explored how to execute this right, and achieved rich experience. It cannot be denied that the procuratorate has strengthened the effectiveness of the supervision when carrying out the supervision on the execution of this right after it is compared with the review in written form. For instance, the execution of this right strengthens the joint forces of the supervision, improves the change rate of the protest and retrial prosecutorial suggestion, enhancesthe adoption rate of the procuratorial work, and effectively cracks down on the unlawful act (e.g. false lawsuit, etc.). However, at the same time, we should clearly understand the current status of the right execution, as some people improperly misuse the right and do not have sufficient investigation and verification ability. These problems cause that the investigation and verification right cannot play an active role in the civil action supervision. The amended civil procedure act clarifies that the procuratorate can carry out the investigation and verification in order to execute the legal supervision of the civil action. Besides, it establishes the basic framework of the civil investigation and verification right of the procuratorate.The author believes that the starting point of executing the investigation and verification right in the civil prosecutorial supervision should be:adopt the public power to supervise the public power, rather than remedy the rights of the parties involved; instead, it should comply with the purposive, neutral, and restrictive principles, clarify the range of the investigation and verification, and improve the procedure of the right, including the case acceptance, launching, review, investigation, and other forms. At the same time of improving the investigation and verification right system of the civil prosecutorial supervision, it is necessary to establish and improve a series of systems that match with this right, so as to guarantee the successful implementation, such as establishing the evidence clue system, establishing the internal communication coordination system of the procuratorate, establishing sound and external coordination work mechanism, etc. The civil procedure act amended in 2012 regards the investigation and verification right as one of the legal means of the civil prosecutorial supervision, and ends up the disputes about whether the procuratorate has this right in the civil prosecutorial supervision, so as to enable the procuratorate to achieve effective supervision on the civil action activities in the civil prosecutorial supervision through investigating and verifying the evidence, facts and unlawful act. At the same time of executing the right, the procuratorate should correspondingly cope with the illegal action identified during the investigation and verification based on different status. Only With the standard system guarantee, can the investigation and verification right become a powerful means for the civilprosecutorial supervision, and ensure the procuratorate properly performs the legal supervision function.