The Function Orientation Of The Civil Procuratorial Power And The Concrete Perfection

The author in this paper,by the derivative,the present situation and the future of civil procuratorial function orientation and specific perfect were studied.As an important part of state power,the civil procuratorial authority inherent with the property of the legal supervision,such as exercise is to the civil judicial power and administrative power of public power supervision and restraint function.Review the operation of the judicial practice for many years,the existing legal system both in the legislative level and judicial practice of civil legal supervision system is not enough scientific design,makes the judicial practice to perform the related system are divided.The existence of civil prosecutorial power and the necessity,has its solid legal foundation,also has an irreplaceable significance.From the historical background of the civil procuratorial authority,reference related systems at home and abroad and combining its function orientation,to establish reasonable perfect civil procuratorial supervision system is the need of building a country ruled by law.In China in constitution law the provisions of the people's procuratorate is the national legal supervision organs.But the specific meaning of the constitution of legal supervision is not sure the definition and explanation.Procuratorial authority in our country special national centralized theory under the historical background,its function positioning with its own uniqueness,so use in the determination of related system and need special research and scientific design.Changes in the civil procedure law in 2012,it is against this background on the relevant system to make legislative adjustments,as a response to the development of the society.But,in the light of the civil procuratorial state intervention properties,when it hit is given priority to with private rights of autonomy of civil litigation,whether can get reasonable use,will directly affect the fairness and justice can be maintained and hooks,and the actual needs of society can be positive response national legal system,can effectively reduce social discontent and suspicion.Therefore,in the current social background,it is necessary for us from the civil procuratorial function orientation and specific perfect analysis its appropriateness in the social order,promote the functions of civil litigation system.In recent years,a large number of judicial practice shows that the procuratorial organs in accordance with law,fulfill their duties of legal supervision,to correctly carry out the laws of the state has played a positive role in security,ensure the lawsuit activity smoothly according to law,safeguard the legitimate rights and interests of the litigants,the implementation has important significance to promote social fairness and justice.Due to imperfect relevant laws and regulations,the procuratorial organs in legal supervision responsibilities when met the larger resistance and obstacles,in order to strengthen the procuratorial organs can exercise the civil procuratorial,through judicial reform in our country continuously explore and thus achieved effective results.