On Constructing The Time Limit System Of Civil Procuratorial Supervision In China

The civil procuratorial supervision system is a legal system with Chinese characteristics, which plays an important role in realizing the justice, maintaining social order and safeguarding human rights and so on.It is of great significance to explore the construction of the limitation of civil procuratorial supervision, and to further improve the system of civil procuratorial supervision in our country.Constructing the time limit system of civil procuratorial supervision in China,it can not only urge the parties to timely apply for the procuratorial supervision,but also to supervise procuratorial organ within the prescribed time limit for the wrong judgment by the court promptly filed a procuratorial supervision, to enable the court to correct errors in a timely manner decision, ultimately safeguard the party’s legitimate rights and interests, realize the procedure of justice.In legislation, due to the provisions of the procuratorial supervision system is still relatively rough, especially the lack of time limit system of civil prosecutorial supervision, resulting in the specific functions of procuratorial supervision is difficult to implement.In theory, there are few scholars to conduct in-depth research on the time limit system of civil prosecutorial supervision, the academic results are very few.In practice, because the legislation does not stipulate on the procuratorial supervision time, causes the free application of procuratorial supervision,procuratorial organs abuse of supervision phenomenon happens a lot.The lack of legislation, the negligence of the academic field and the problems in the judicial practice, it is a powerful way to illustrate the necessity of the construction of China’s civil procuratorial supervision.In the process of legislation in the future, the legislature can be based on judicial practice experience, based on balancing the rights and interests of the parties, judicial efficiency, social stability considerations, so as to build China’s civil procuratorial supervision time limit system.First of all, we should clearly stipulate that the parties apply for inspection and supervision of the time limit, to urge the parties to exercise their rights in time, and to coordinate it with the legal provisions of the retrial period.Secondly, it is necessary to reasonable provisions for the prosecution according to the oversight powers of the time limit, for the supervision of an object different are set for classification, such as the mediation document should not set a time limit of procuratorial supervision, the civil judgment or ruling procuratorial supervision of thebook set a time limit, but also to Special Retrial set the length of time.Finally, we should improve the supervision of the people’s Congress on the judicial work as soon as possible to make up for the deficiency of the procuratorial supervision.