The Limited And Perfect Of Civil Retrial Procuratorial Supervision Sequence Pattern

The current Civil Procedure Law implement the procuratorial supervision of “the people’s court reviewed the prior, after the prosecution supervision”, after two years of legal practice, in the application, there are also problems such as the embarrassment of the court trial grade system, the impact of the judicial public trust, the right of the application of the applicant, the difficulty of the application of the procuratorial supervision and the coexistence of relief. The academic research on the setting of the civil retrial system is reasonable and how to set up and so on, but on the effectiveness of the sequence pattern is less, couldn’t effectively respond to the confusion in practice; The Supreme People’s Court promulgated the "judicial interpretation" also difficult to eliminate the contradiction between the court dismissed the ruling and the prosecution of the case trial, and difficult to effectively eliminate the dissatisfaction of the parties and the social question. So, it is necessary to sort out and analyze the sequence pattern’s problems related to the judicial practice, to review and reflect on these questions from the aspects of the procedure, the authority, the authority, the rationality, the selectivity, the efficiency, the efficiency and the control right, and according to the above requirements of the proper procedures to amend and improve the proposal, to make full use of sequence pattern’s positive effect, more in line with the basic principles and social recognition of the basic principles of the trial level system, and give full play to its due value function.