Study Of The Prosecutor’s Objective Obligation In Civil Retrial

The prosecutor’s objective obligation takes the pursuit of the truth and justice of the facts of a case as a starting point, which performs the litigious function from the perspective of objectivity and impartiality. It not only provides procedural guarantee for adjudication, but also implements check and balance and supervision over adjudication. With the revision of the Civil Procedural Law in 2012 and the issue of the Judicial Interpretations on the Civil Procedural Law in 2015, the system of the prosecutor’s objective obligation of civil retrial in our country has been greatly improved. It makes the legal conditions for the prosecutorial organization to institute the retrial procedure explicit, entrusts the prosecutorial organization with the right to protest against court sentences, the right to investigate and take evidence, the right to get the notice of appearance, and the right to participate in the court’s trial, etc. However, the academic circle of our country merely approaches the prosecutor’s objective obligation from the perspective of criminal litigation. There is no systematic exposition on how to improve the prosecutor’s objective obligation in civil procedures. In this thesis, it is held that the prosecutorial organization should participate in the civil retrial independently, objectively and impartially to balance the right of both parties and to do its duty of legal supervision according to law. Meanwhile, the prosecutors should positively exercise the litigious rights within the scope of prosecutorial supervision, take facts as the basis and the law as criterion, and do their overall duty of civil prosecutorial supervision. In case of special conditions, they must express their own opinion on complicated and difficult cases independently. The prosecutor’s objective obligation is playing an increasingly important function of adjustment and control in today’s diversified and meticulous civil litigations.