Research On The Improvement Of Civil Procuratorial Diversified Supervisionin Machanism

The civil procuratorial diversification supervision mechanism is based on the legal supervision theory derived from the current status of the civil procuratorial supervision system in China.Its purpose is to enhance the pertinence and effectiveness of supervision and improve the effectiveness of supervision.Recalling the civil prosecution supervision system in China,the procuratorial organ supervises civil litigation activities in accordance with the Constitution,the Civil Procedure Law,and other relevant laws;it is the practice of the principle of power balance and procedural fairness in the judicial field.As one of the important components of China's procuratorial system,the development of the civil procuratorial supervision system is a microcosm of China's rule of law.In the early years after the founding of the People's Republic of China,we used the procuratorial model of the former Soviet Union to create a rudiment.In the process of development,we integrated the concept of western decentralization and power balance.Then in the process of localization,we integrated our country's actual conditions and finally formed a set of civil procuratorial system that conforms to the objective laws of our country's judicial system.The civil procuratorial diversification supervision mechanism is a legal mechanism that gradually explores on the basis of the civil procuratorial system.In2010,at the second procuratorial work conference of the national procuratorate,the chief procurator proposed to build a diversified supervision structure to promote the advancement of civil procuratorial work.This concept is the theoretical and practical supervision of civil prosecutors.Development provides a new direction in terms of methods,ideas,and so on.Taking the diversified supervision pattern as the research perspective,under the guidance of the Supreme People's Procuratorate(hereinafter referred to as the Supreme Inspection),a diversified supervision mechanism emerged as the times require.In practice,civil inspection supervision has once been the weak link of the procuratorial organs.Most of the people's impressions of the procuratorial work still remain in the aspects of anti-corruption,public prosecution,and other duties.They lack knowledge of procuratorial supervision in civil litigation activities;The concept of "improve punishment against the people" has hindered the development of civil prosecution supervision in China.Nowadays,it is in a critical period of transition to a society ruled by law.Theparty and the country have put forward the goal of letting the masses feel fairness and justice in every judicial case.According to the big data,the number of first-instance civil cases in China is on the rise each year.This indicates to a certain extent that the increasing demand for the rule of law by the people is positively related to the development of civil lawsuits in China.The diversification supervision mechanism is to respond to the actual needs and to supervise the key links in the civil litigation activities,including the supervision of the effective referee,the supervision of the illegal activities of the personnel in the trial procedure,and the supervision of the execution activities.To make supervision more targeted,give full play to the legal supervision power of the procuratorial organs,effectively guarantee the uniform and correct application of civil law,safeguard judicial justice,and establish judicial authority.At the same time,it can also provide certain reference value for improving the civil litigation system and the civil procuratorial system.Our country's civil procuratorial pluralism supervision mechanism is in the initial stage of completion,and it needs to be optimized and perfected in the judicial practice.Therefore,research on this topic has certain theoretical and practical significance.In addition to the introduction,this article consists of five parts:The introductory part comprehensively expounds the research questions proposed in this paper,research summary,research significance,research ideas,research methods,innovation points and other backgrounds,in order to deepen the understanding of the topic of this study.The first part of the history of civil procuratorial system in China leads to the formation and development of the civil procuratorial pluralism supervision mechanism.It focuses on the connotation,characteristics and practical significance of the diversification supervision mechanism.To clarify what constitutes a diversified supervision mechanism for civil prosecutors.The second part is based on the status of China's civil procuratorial pluralism supervision mechanism,clarifies the legal basis for the implementation of diversified civil procuratorial work,and deals with the cases and typical practices in the past five years since the 2012 “Civil Procedure Law” was revised.Experience,interviews and data collation.And from this two levels of legislation and judicature,we summarize the problems faced by our country's civil procuratorial diversification supervision mechanism.The third part corresponds to the above-mentioned part of the problem,from theperspective of the extraterritorial civil prosecution system,to find a reference experience that is consistent with our country's actual situation.That is to say,the extraterritorial related systems provide experience and inspiration for China's civil procuratorial pluralism supervision mechanism.The fourth part puts forward feasible suggestions for the improvement of the diversification supervision mechanism of civil prosecution in light of the current legal framework and judicial practice.The first part responds to the second part,and proposes solutions to problems at the legislative and judicial levels.Second,it proposes the necessary supporting guarantees for a diversified supervision mechanism.Finally,it outlines specific measures for improving the diversified supervision mechanism.That is to say,how to perfect the diversification supervision mechanism of civil prosecution.The fifth part is the conclusion,which extends the research significance of this article.We expect more experts,scholars and practitioners to pay attention to the construction of our country's civil prosecutorial diversification supervision mechanism,and make even more contribution to the improvement of our civil procuratorial system.