Civil Retrial Procuratorial Supervision System Research

At present,in the judiciary,around the judicial justice and independent value orientation and start the power of the supervision system and model in the ongoing construction and improvement.September 23,2013 Supreme People's Procuratorate at the twelfth session of the 12 th meeting of the "People's Procuratorate Civil Procedure Supervision Rules(Trial)" and the corresponding practical use,in practice continue to face new problems,conflict The application of the protest and the retrial of the prosecution of the lack of clear boundaries and circumstances,these issues make the prosecution function can not really play its due role.The retrial supervision system as a specific system of civil procuratorial supervision system,in its theoretical development and practice of the process,continue to derive new problems.The theory of continuous exploration and advancement,the practice of the system running weak,this lack of high fit and run the prosecution mechanism,greatly affected the development of judicial justice and the speed and efficiency.In the legislative work of applying the rule of law theory to practice,the development of civil procuratorial supervision system has made new breakthroughs.However,the principle of legislative norms can not provide more operational guidance for the reality of civil procuratorial supervision,which makes it impossible to find an effective way to solve the old problem in the actual procuratorial work.How to locate the civil procuratorial supervision and how to achieve the judicial harmony.At the same time,the new problems continue to emerge,how the operation of the civil retrial procuratorial supervision is coordinated,the relationship between the procuratorial power and the judicial power,and the division of labor and cohesion between the protest and the retrial.To this end,I believe that the problem of finding problems-analysis of the problem-the path to solve the problem,mainly from three parts: First,in the case of a clear retrial of the situation under the premise of the retrial prosecution supervision;Secondly,the effective protection of the parties litigation The correctness of the relief and the nature of the civil litigation.Finally,from the purpose of coordinating the relationship between the prosecution and the law,the judicial communication and communication are improved,and the mechanism of the convergence of the protest and the retrial in the supervision of the procuratorial supervision is improved.And the external judicial security aspects of China's civil retrial prosecution supervision system to improve the proposed some useful suggestions.