Research On The Power Of Investigation And Verification Of The Civil Prosecutorial Supervision

The Power of Investigation and Verification of the Civil Prosecutorial Supervision is the need for the People's Procuratorate to propose procuratorial suggestions or protest due to the performance of legal supervision duties,and may investigate and verify the relevant information from the parties or the person not involved in the case.As a derivative right of procuratorial supervision,the power of investigation and verification of the civil prosecutorial supervision is the public power of the procuratorial organs which is involved in the field of private law in essence,and thus there are some resonances and differences in the academic and practical fields.The current “civil procedure law”,“the People's procuratorial organization law” and related judicial interpretations have made principled provisions on this right.By sorting out and analyzing the legal sources such as the relevant laws and judicial interpretations of the power of investigation and verification of the civil prosecutorial supervision,it is found that there are some problems in the legislation.Specifically,the first is that the scope about the right of investigation and verification is so general that it is not standardized in its exercise;second,the right of investigation and verification may conflict with the party's right of disposition;third,there is no enforcement of the right of investigation and verification,which lacks operability.And from the judicial trial practice,the power of investigation and verification of the civil prosecutorial supervision is also confused in the judicial operation.To be specific,firstly,the procuratorial organs may abuse the right of investigation and verification to start the procedure according to the authority,making power prone to produce arbitrarily;secondly,the boundary of the aimed objects of the right of investigation and verification is unclear,the scope of the exercise is not clear and the applicable procedures are not standardized;thirdly,the validity of the evidence for the right of investigation and verification is not uniform,whether the evidence obtained through investigation and verification requires to be cross-examined,and how effective the evidence is.In order to ensure the correct exercise of the power of investigation and verification of the civil prosecutorial supervision,and enable the procuratorial organs to better perform the duties of legal supervision,it is necessary to improve the power of investigation and verification of the civil prosecutorial supervision.The paper firstly proposes that the power of investigation and verification of the civil prosecutorial supervision must follow the basic principles of legality,appropriateness,objective neutrality and modesty.Secondly,in order to avoid the arbitrary exercise of the right,itis necessary to make some reasonable regulations on it,involving the way,scope,the exercise procedure and the validity of the evidence of the right.More precisely,first,the scope of investigation and verification rights should not be too large,and should have a certain degree of modesty;second,the exercise of the right of investigation and verification must follow the statutory procedures to achieve the "case-based" model management,and the validity of the evidence must be determined through cross-examination;the third is to carry out the internal regulation of procuratorial organs,to implement the “one system of responsibility” of the right of investigation and verification,to enhance the cooperation between the procuratorial organs and internal and external departments,and to reclassify the functional focus of the procuratorial organs.What's more,it is necessary to strengthen the guarantee mechanism for the right of investigation and verification,so that it can run smoothly and improve its efficiency.In this regard,the first is to empower the investigation and verification right to solve the cases that the relevant departments and individuals do not cooperate,such as inquiring,researching,collecting relevant evidence materials,consulting files,inspecting,etc.,and make them compulsory,and report to their superior organs for accountability and penalty.The second is to make the procuratorial recommendations more rigid through the public delivery of the recommendations and the reform of the public evaluation mechanism for rectification effects so it is better to safeguard the exercise of the right of investigation and verification.The third is to adopt evidence preservation through compulsory means.Besides,the period of exercise of the right may be extended appropriately due to the circumstances of the case.At last,the civil procuratorial supervision investigation and verification right from two aspects of regulation and guarantee,the author puts forward the ideas of improving the the power of investigation and verification of the civil prosecutorial supervision.The exercise of the power of investigation and verification of the civil prosecutorial supervision shall balance the interests of the state,the public,and the third parties.Through the correct and legal exercise of the procuratorial organ's right of legal supervision,the unification of the national legal system can be realized;the advancement of modern legal system can be made;and the impartiality,efficiency,and authority of the law can be maintained.