On The Improvement Of The Way Of Procuratorial Supervision In Civil Procedure In China

The mode of procuratorial supervision in civil litigation is the method and form of procuratorial supervision in the field of civil litigation,and it is the key part of the procuratorial supervision system.The completeness of the procuratorial supervision system directly affects whether the procuratorial supervision can play its supervisory role in civil litigation activities.At present,there are many problems and deficiencies in China's legal norms on the procuratorial supervision of civil litigation,which should be reformed and improved accordingly.Firstly,it is necessary to analyze and clarify the meaning and characteristics of the procuratorial supervision of civil procedure in theory,and to classify the procuratorial supervision of civil procedure in theory and legislation.On the macro level,it is analyzed that the current legislative norms of procuratorial supervision in China are not unified,the existing two procuratorial supervision methods lack of effective connection,and the procuratorial supervision methods fail to form a complete system.Therefore,we should unify the normative legislation and perfect it from the way of establishing the system of coordinated inspection and supervision.Next,the legislation of our country present civil counterappeal specification for the main body of civil protest,the main content of civil protest,the program of civil protest has more detailed provisions,but at the same time existing in the legislation of civil protest stipulated the unreasonable regulations,lack of civil protest time,procuratorial organs protested cases in court procedures not specific and the protest case-hearing level regulations unreasonable problem,and the way to solve the above problem and the solution is to differentiate by reason and the parties apply for retrial reason,explicitly set the parties apply for the duration of the protest,perfect the procedure of procuratorial organs after trial,implementing the resist it at the same level of civil protest.Finally,in the existing legislation on the procuratorial advice common rules for retrial procuratorial advice,illegal behavior of procuratorial advice,civil execution procuratorial advice three,retrial procuratorial recommendations exist in the legislationand civil protest application condition and overlapping,the absence of court docking procedure,procuratorial advice documents chaos and lack of effective guarantee mechanism by procuratorial suggestion of flexible problem,should be reasonable to distinguish the retrial protest and applicable condition of retrial procuratorial suggestion,build the people's court of procuratorial suggestion docking mechanism,regulate civil prosecution documents making and perfecting the procuratorial suggestion guarantee mechanism.