The Theory Of Procuratorial Supervision In Civil

Civil litigation procuratorial supervision is the supervision of the whole process of civil litigation which is conducted by procuratorial organs.It aims to protect the impartiality and authority of the judiciary,and to protect the state,the social public interest and the legitimate rights and interests of the parties.Being part of the Chinese procuratorial system,the civil litigation procuratorial supervision system plays an important role in the civil litigation activities.The civil litigation procuratorial supervision system in modern China dated from the late Qing Dynasty.It has been through a long and hard way from the Republic of China,the new-democratic revolution to the establishment of the new China.During this long and tortuous development period,China's civil litigation procuratorial supervision system,after the foundation of the People's Republic of China,has experienced long-term exploration and build by absorbing the experience of the western countries and the Soviet Union,and combining with the unique political and economic factors of our country.From the current situation of the civil litigation procuratorial supervision system in China,there are some problems and defects in the system.Showing that lack of clarity supervision scope and operability of supervision means,the system is incompatible with the pace of comprehensive construction of the country under the rule of law.In order to strengthen the legal supervision and guarantee the impartiality and authority of the judiciary,the Fourth Plenary Session of the Eighteenth Central Committee of CPC clearly put forward the provision on strengthening the legal supervision of civil litigation activities,which embodied the importance attached by the party of the construction of the rule of law in China.On the other side,it also reflects the current civil litigation procuratorial supervision system is not perfect,and the supervision effect has not yet fully demonstrated.Therefore,how to improve the civil litigation procuratorial supervision in China,to maximize the effect of supervision,and to reflect the purpose of legislation became the core of this paper.Combed through the research findings of civil litigation procuratorial supervision system in recent years,this paper discovered the existing problems in the civil litigation procuratorial supervision system based on the comparative analysis of the provisions of the Civil Procedure Law of China.Using the existing research findings for reference and thinking independently,this paper try to solve the problems exists in the operation of the problem and to come up with a consummate path.On the whole,the construction of the civil litigation procuratorial supervision system is a kind of overall work.Problems solving during the judicial practice should through a clear definition of the supervision scope and continuous improvement of the supervision means.Meanwhile,more attention should be payed to a coordination relationship between the legislature and the procuratorial organs,and make sure that the court exercise adjudicating power independently by law and do a good job in civil prosecution supervision work at the same time.