On The Investigation And Verification Power Of Procuratorial Organs In Civil Proceedings

The investigation and verification power of the procuratorial organ in civil lawsuit is one of the concrete manifestation of the right of legal supervision.The investigation and verification power of the procuratorial organ in civil litigation is to understand the information related to the effective judgment,conciliation statement,trial,execution and so on,so as to decide what kind of supervision means to supervise so as to exercise the constitutional conferment to the procuratorial organ Legal supervision.Due to the relative principle of the investigation and verification right in the Civil Procedure Law,it lacks maneuverability.Therefore,it is very necessary to study the related issues of investigation and verification right.To implement the judicial practice,in order to make good use of this right,the procuratorial organs are required to have a thorough understanding of the connotation of the investigation and verification right.On the basis of understanding the basic connotation and characteristic characteristics of the investigation and verification power,attention should be paid to distinguishing between it and civil The procuratorial and investigative powers and the people's courts shall investigate and verify the different rights of evidence collection and evidence collection and grasp the function of investigating and verifying the right and the significance of exercising and establish the correct concept of supervision of civil litigation.This article proposes: Firstly,from the point of legislation,the investigation and verification power of procuratorial organs have not been stipulated in detail by law,and need to be improved in terms of specific scope,means norms and interests of parties;second,judicially,from 2001 to now,Procuratorial agencies have conducted investigations on how to exercise the power of investigation and verification and have accumulated rich experience.Through the investigation and verification of the exercise of power,the synergy of supervision has been enhanced,the rate of change in procuratorial proposals for protest and retrial has been raised,the adoption rate of procuratorial proposals has been enhanced,and illegal acts such as false litigation have been effectively cracked down.At the same time,however,we must also have a clear understanding of the status quo of the exercise of the investigation and verification power.Investigations of the use of verification power still involve confusion,misuse or neglect of investigation and verification powers,and lack of investigation and verification capabilities.The existence of these problems led to the fact that the investigative and verification power failed to play due and positive role in the supervision of civil litigation.It is suggested to refine the investigation and verification power of procuratorial organs in the future legislation and ultimately apply the research results formed from the experience gained in practice to practice so as to provide practical theoretical reference for handling cases and to make the procuratorate better To fulfill their supervisory responsibilities.In fact,the starting point of exercising investigation and verification power in civil procuratorial supervision should be to supervise public power with public power rather than to remedy the rights of a party,and should follow the principle of purpose,neutrality,necessity and restriction,and further Clearly investigate the scope of verification,improve the investigation and verification procedures,including the acceptance of the case,start,approval,investigation and other means.After the amendment in 2012,the Civil Procedure Law,as one of the statutory instruments of civil procuratorial supervision,ends the investigation on whether the procuratorial organs have the right to investigate and verify in the civil procuratorial supervision so that the procuratorial organs can pass the civil procuratorial supervision Evidence,facts,illegal investigation and verification in order to achieve effective supervision of civil litigation activities.With the standard system guarantee,the power of investigation and verification can really become a powerful means of civil procuratorial work in order to ensure that procuratorial organs give full play to their legal oversight functions.