Research On The Power Of Investigation And Verifying Of The Civil Prosecutorial Supervision In China

Since the power of investigation and verification has been authorized,how to set it up rationally from the aspects of system,idea,norm and mechanism and make its power distribution and operation not only comply with the inherent requirements of the design of the civil procuratorial supervision system,but also prevent it from over-expanding into the substitutes or commanders of other public powers? Around this issue,the theoretical and practical circles have conducted in-depth research and exploration,especially the procuratorial organs,in this regard,have run a large number of practice,and issued many provisions,methods on the basis of practice.These provisions and measures,to a large extent,make up for problems that the civil procedure law provisions of the right to investigate and verify is too principled,also,not strong operational.What'more,they further expand the connotation of the right to investigate and verify,which step a solid step in investigating and verifying the right to regulate the operation.However,due to the influence of various factors,such as different understandings,different enforcement environments,people have different understandings of the right to investigate and verify,and different operational procedures,which brings certain troubles to judicial practice.The "Supervision Rules" of the Civil Procedure Law and the regulations issued by the local procuratorial organs reveal to varying the degrees of the concept,essential attributes and inherent characteristics of the power of investigation and verification,which is the power of investigation and verification that suplies to the procuratorial organs' investigation of relevant facts and verification of relevant evidence in the civil legal supervision activities.Its essential attribution is an integral part of procuratorial power.Legislatively,due to the "Civil Procedure Law",the "Supervision Rules" and the regulations issued by procuratorial organs around the country,there are varying degrees of defects that restrict or affect the thenormal operation of the right to investigate and verify.And judicially speaking,the lack of unified and effective operational norms and supporting mechanisms causes a variety of problems in investigating and verifying the right when it is put into practice.Therefore,in order to let the right to investigate and verify can play its due role in the future judicial activities,this thesis puts forward to three suggestions from the legislative and judicial levels;further improving the legal norms,perfecting the supporting mechanism and standardizing the exercise of the carrier.