On The Perfection Of The System Of Civil Procuratorial Supervision

Civil procuratorial supervision is the activity of procuratorial organs to supervise civil litigation,and post-mortem procuratorial supervision is the supervision of civil judgments,rulings and mediation documents that have been in effect.The system of procuratorial supervision is of great significance to the protection of judicial authority and the correct exercise of judicial power by courts.The revision of the Civil Procedure Law in 2012 has a significant impact on the civil procuratorial supervision system,which not only expands the scope of supervision,but also adds a flexible supervision method such as procuratorial advice.For post-procedural supervision,the only way for post-supervising the procuratorate before 2012 is There is one kind of protest.In 2012,the Civil Procedure Law was revised and a new way of re-examination and prosecution was added.Although the Civil Procedure Law expanded the scope of supervision to the entire process of litigation,post-supervision has its irreplaceable status.In addition,Legislation is flawed in certain aspects.Ex-post procuratorial supervision reveals many problems in practice,which affects the procuratorial organs’ proper exercise of the power of post-procedural procuratorial supervision.Therefore,this paper focuses on the post prosecution supervision,hoping to find the way to improve the post prosecution supervision and contribute to the improvement of the post prosecution supervision through the study of China’s procuratorial supervision system and foreign countries’ procuratorial supervision system.This paper focuses on the following four aspects:The first chapter discusses the status quo and problems of post-civilian procuratorial supervision.This chapter first discusses the background of the post-prosecutorial supervision and revision of the 2012 civil litigation and prosecutorial supervision in the three aspects of the post-prosecutorial supervision object,the number of times and the post-trial court.Secondly,combined with relevant laws and judicial interpretations,the content of post-procuratorial supervision and revision of civil actions is outlined.Finally,from the three aspects of civilmediation post-supervision,civil evidence investigation and verification rights,and the relationship between supervision and post-supervision in the event,the problems that still exist in civil post-prosecution supervision are analyzed in detail.The second chapter discusses why procuratorial organs should conduct post-procedural procuratorial supervision and the principles that should be adhered to.This chapter from the civil post-procuratorial supervision of the concrete implementation of the means of protest and retrial of the procuratorial Suggestions from the theoretical and practical aspects of the procuratorial organs of post-procuratorial supervision of the necessity of understanding and understanding.What principles and directions should procuratorial organs adhere to when carrying out their post-mortem procuratorial supervision duties? This paper discusses the specific connotation and how to adhere to the typification,supplementary and safeguard principles,as well as whether there are precedents in foreign countries.The third chapter examines the civil post-procuratorial supervision system of countries outside the region.This chapter is based on the method of civil prosecution by the procuratorial organs of foreign countries,and discusses the provisions of the retrial standards for civil effective judgments in civil law systems and common law countries to clarify how to remedy the effective judgments in countries outside the territory.In 2012,the "Civil Procedure Law" added a post-procedure inspection and supervision of the mediation statement,and analyzed the different remedies for civil mediation or settlement in the two major legal systems.The fourth chapter discusses how to perfect the civil post-procuratorial supervision system.Based on the problems existing in the post-mortem procuratorial supervision discussed in Chapter 1,here are three perfect paths for the post-mortem supervision of civil mediation,the power of civil evidence investigation and verification,and the relationship between intra-event supervision and post-supervision.Perfection put forward its own views,with a view to providing valuable views for the improvement of civil post-procuratorial supervision.China’s civil procuratorial supervision system is generally in good condition,and it plays an important role in the supervision function of the procuratorate.However,this article believes that the focus should be on post-procuratorial supervision.Exercising judicial power correctly,butwhile recognizing its importance,we cannot ignore its shortcomings.China ’s post-event supervision mainly has provisions for civil mediation,which are too general,and the provisions for civil evidence investigation and verification rights are too abstract and unclear.With regard to the three aspects of the relationship between supervision and ex-post supervision,we must adhere to the principles of typification,complementarity,and guarantee on the basis of recognizing the problem,improve the post-inspection supervision,and realize the value of post-inspection supervision.Facilitate the procuratorial organs to fully fulfill their supervisory duties,enhance judicial authority and credibility,and promote the construction of a society ruled by law.