Civil Procuratorial Supervision The Referee For Paradox,and Institutional Reconstruction Of China

Procuratorial supervision system is our country of the correct implementation of the law by public power supervision means.Compared with the criminal proceedings,in civil litigation court has larger discretion,in this case,the power of profligacy is hard to avoid.And,every year in our country's civil lawsuit quantity increasing,the burden of the court is more and more big,appears unavoidably misjudged cases.These phenomena are in urgent need of procuratorial organ strict supervision.Both in order to maintain the correctness of the judicial practice,and in order to better achieve the function of procuratorial organs,all need a procuratorial supervision system,the system of support and supervision,to exercise their functions and powers according to law and legal proceedings according to law to better,so as to ensure the neutrality of courts,adhere to the fair and just,resolve disputes,to make the final decision.Civil cases there have been two of the procuratorial supervision for paradox: one is the procuratorial organs fact review and judicial facts of paradox,another is the procuratorial organ applicable law and judicial organ law applicable paradox.But at the end of 2010,the Supreme Court issued continuously on the regulation of case guidance "and" about the specification hierarchy business relations several opinions of the people's court trial two regulatory documents,and the court have announce "instructional cases",also for the people's procuratorate and the court of the paradox between digestion,opens a new road,introducing "with the sentence" connection,correct the shortage of the procuratorial supervision system.By analyzing the necessity and feasibility of "connection with sentence" theory,"with the sentence" connection system is a best choice.No matter from the aspects of procuratorial theory,theory and legal structure,the procuratorial organs to judicial organ by the determination of facts and applicable law in the written judgment,all need to play an important role.Therefore,further reiterated that the core issue of procuratorial supervision,system Settings,role play,sort out new set of procuratorial supervision system reconstruction,that can make the referee effective safeguard judicial organ of res judicata and safeguard judicial credibility is of great significance.