Research On Procuratorial Supervision System In Civillitigation

The procuratorial supervision system of civil litigation is a legal system in which the procuratorial organs conduct procuratorial supervision of the civil litigation activities of the judicial organs in accordance with the provisions of the law.The purpose is to safeguard the impartiality and authority of the judiciary and protect the national and social public interests and the legitimate rights and interests of the parties.The procuratorial supervision system plays an important role in China's civil litigation activities.The steady progress of procuratorial supervision in civil proceedings is not only a strong guarantee for the realization of judicial justice,but also an important step in effectively supervising public power and promoting the implementation of the rule of law.The evolution of procuratorial supervision in civil litigation is a gradual process in our country.Its basic system is formed initially,but the relevant system construction is not in place.For example,the civil public interest litigation system has not been fully established.At the same time,in practice,the procuratorial supervision of civil proceedings also faces some difficulties,mainly reflected in the grassroots work "empty",procuratorial suggestions "soft",case handling effect "flat",supervision and joint "weak" and other issues.The difficulties and problems facing the procuratorial supervision work in civil procedure mainly include: the concept of supervision needs to be updated,the emphasis on criminal supervision and civil supervision is the negative tendency that has always plagued the civil procuratorial work,and the concept of supervision with equal emphasis on prisoners needs to be firmly formed;Oversight functions can not be achieved without a strengthened and adequate oversight capacity.New ideas should be found in the allocation of supervisory power,which should be considered in connection with the reform of the internal organs of procuratorial organs,as well as the introduction of talents,job exchange and other mechanisms.The supervision system has yet to be improved.In the supervision system,more attention should be paid to the relationship between the vertical integration and horizontal cooperation of the supervision agencies,so that the joint supervision can be produced and the scope of supervision will continue to expand.The supervision mechanism needs to be optimized,and more attention should be paid to the extension of supervision tentacles to make the democratization supervision more prominent.The first part of the article mainly discusses the content of the procuratorial supervision system in civil proceedings.These include the foundation,principles and concepts for the establishment of procuratorial supervision in civil proceedings.The development course of procuratorial supervision system in civil procedure in China is long and tortuous,which reflects the evolution and change of value orientation and judicial idea.Secondly,this paper further analyzes the current situation of the procuratorial supervision system in civil litigation in China.The current methods of procuratorial supervision in civil litigation in China include procuratorial advice,civil protest,investigation and verification.In addition,there are some deficiencies in the procuratorial supervision system of Civil procedure in our country,such as: the unbalanced structure of the procuratorial supervision system in civil procedure,incomplete framework,and obstacles in its implementation.The main internal causes of defects are the lack of effective supervision and the lack of the concept of "restriction";The essence of supervision is defunct,and the old and new concepts coexist;The influence of traditional ideas is artificially weakened by supervisors.The third part mainly introduces the procuratorial supervision system of the extraterritorial civil procedure.Through the comparison of the civil litigation supervision system in some countries of common law system and civil law system,we can draw the good experience that suits the National conditions of our country,and it has reference significance to the civil lawsuit supervision system in our country.China's procuratorial organs have legal supervision power,in the field of daily civil activities seems to enjoy more extensive powers than the French procuratorial organs that stipulate the jurisdiction by enumeration.As a matter of fact,the procuratorial organs of our country should assume the dual status of spokesperson and legal supervisor in both civil and criminal fields.The last part of the article is the author's thoughts on improving the supervision system of civil litigation in China,which includes the understanding of the current supervision pattern of diversity in civil litigation and some suggestions for improving the supervision pattern of civil litigation in China.Among them,"taking case handling as the center" focuses on the operational level of judicial activities,emphasizing that the main way for procuratorial organs to exercise their power of civil procuratorial supervision is to handle various types of supervisory cases,and through efforts to achieve organic unity in the quantity,quality,efficiency,and effectiveness of case handling.We will strengthen civil procuratorial and supervisory functions."Strengthening the supervision of public power as the core," to supervise and restrict the people's courts 'civil jurisdiction and enforcement rights,and to ensure the legal authority and judicial fairness in the field of civil litigation,is to examine from the perspective of national governance.The former establishes the basic requirements and the first task of constructing the diversified supervision pattern of civil litigation procuratorial,and plays a positive role in maintaining the scale of supervision and preventing the decline of the number of cases in the early implementation of the new civil procedure law.The latter clarifies the essential requirements and fundamental direction that the procuratorial organs need to grasp accurately in civil procuratorial supervision.This is of great significance to the fact that the procuratorial supervision function in civil litigation adheres to the positioning of the Constitution and the law and prevents the abuse of supervisory power.At the same time,the civil prosecution Department of the procuratorial organ has taken the initiative to adapt to the current situation,clarify new tasks,and continuously improve and innovate.It has achieved good results in both business construction and team building.In view of the laws and characteristics of procuratorial supervision in civil proceedings,the Supreme People's Procuratorate actively advocates that provincial procuratorates with conditions gradually implement the separation of civil procuratorial organs from administrative procuratorial organs.At present,provincial procuratorates in Beijing,Shandong,Hubei,Liaoning,Jilin,Fujian,Yunnan and other places have set up agencies for procuratorial supervision of civil lawsuits,and the number of municipal procuratorates has also increased.Some local procuratorial organs have also set up separate executive organs for procuratorial supervision in civil proceedings,which has created more favorable conditions for the specialization of civil procuratorial supervision.