Research Report On The Conditions Of The People's Procuratorate Of Inner Mongolia Autonomous Region Receiving The Civil Litigation Supervision Cases

By analyzing the statistics of the People's Procuratorate of Inner Mongolia Autonomous Region receiving the cases of civil litigation supervision from 2014 to 2016,it can be seen that these cases have the following features:most parties of the cases are disadvantaged groups;the rate of illegal appeal and petition remains stubbornly high;the courts' decisions of the cases concerning contract,debt and credit,and infringement are not satisfactory to the parties;and the cases involving appeals,repeated appeals and applying for the audience with a higher authority to complain caused by the judiciary's breaking of law and irregularities keep increasing.In China,the status of civil litigation supervision is not high,the legislation is not sufficient,the personnel is inadequate and the cooperation is not good enough.These are the key reasons for all of the problems mentioned above.In Article 209 of the modified Civil Procedure Law,the rule of the preposition of the court's retrial procedure is provided,which conflicts with the court's retrial procedure and makes the procuratorate's supervision of retrial brushed aside.In addition,the communication between the departments of supervising retrial is not effective and there is high pressure for evaluating the procuratorate's prevention of litigation.All of these reasons make the procuratorate's supervision of civil litigation unable to reach the effect of legislators' expectation.Faced with the dilemma,legislators should make the force of the procuratorate's suggestions explicit and guarantee the smooth exits after the termination of the cases concerning the procuratorate and petition.In addition,the civil right of object should be improved by judicial interpretation,the contents of supervision should be executed definitely,and the prescription for receiving civil supervision should be unitarily established to bridge conflicts of laws.Apart from these measures,the mechanism for the procuratorates and courts to cooperate should be set up and the implementation of the system of civil reconciliation should be promoted.Finally,the internal mechanism should be enhanced,the software and hardware facilities should be completed,the professional training of the personnel handling cases should be strengthened,and the professional staff for the procuratorate's supervising civil litigation should be trained.Under the background of judicial reform in which reception and trial are separated,the procuratorate organs should take various measures and perform functions,guarantee the parties'right of litigation,and solve the problems existing in civil litigation supervision.