Research On The Way Of Procuratorial Supervision In Civil Litigation In Our Country

Procuratorial supervision system is constituted by civil prosecutorial supervision system alongside criminal and administrative procuratorial supervision systems.Civil procuratorial supervision facilitates the exercise of civil procuratorial power.Only the following two civil supervision ways are included in Civil Procedure Law newly revised in 2012(hereinafter referred to as the New Civil Procedure Law),namely protest and procuratorial suggestion.The New Civil Procedure Law specifies the objects to be supervised,the applicable procedures of the supervision ways,and other matters.But the legislation is found still too ambiguous in terms of specific provisions on protest and procuratorial suggestions,lacking concrete practical functions.In foreign laws,civil actions involving procuratorates mainly include civil public prosecution,participation in litigation,civil appeal,procuratorial supervision,and so on.Scholars holding the comprehensive procuratorial supervision theory in Chinese academic circle have proposed the idea that civil public prosecution and participation in litigation should be introduced as China's civil procuratorial supervision ways.In the opinion of the author,it is not advisable to introduce civil public prosecution and participation in litigation according to China's present realities and the New Civil Procedure Law.In the meanwhile,the relevant theories,such as functions of civil prosecutorial power in China and allocation of procuratorial organs' powers in civil prosecution,are analyzed and discussed,with the main opinion of this paper being formed:the civil procuratorial supervision ways in line with the legal system of China at this stage are protest and procuratorial suggestion.This conclusion can provide the direction of how to improve China's civil procuratorial supervision ways:for the purpose of better carrying out civil supervision work,the existing two civil supervision ways at this stage should be improved through legislation(including revisions of the Civil Procedure Law and provision of judicial interpretations).This paper contains four parts.The first part outlines civil procuratorial supervision ways from four aspects,namely,basic definitions,key features,major types at home and abroad and comparative analysis,and legislative arguments of civil procuratorial supervision ways.This part lays a theoretical foundation for the question of what civil supervision ways China should develop.The second part discusses the factors that would affect the legislation of China's civil prosecutorial supervision ways.Discussions were made from five aspects,including functions of China's civil procuratorial powers and the specific power connotations of civil procuratorial power.These discussions demonstrate that for the civil procuratorial supervision ways,China should apply the "binary supervision pattern".The third part points out the current legislation status and problems of China's civil procuratorial supervision ways,with a focus being given to the drawbacks of protest and procuratorial suggestion in legislation of China.The fourth part proposes suggestions for the improvements to China's civil procuratorial supervision ways.This part mainly puts forward perfecting suggestions for problems mentioned in the third part from the aspects of protest and procuratorial suggestion.Object:To explore which civil inspection and supervision ways are suitable for China's realities and laws at present.Methods:?Comparative analysis.Civil public prosecution,participation in litigation,procuratorate appeal,and protest are all included in foreign laws.These systems can be better understood through a comparative study on foreign and domestic supervision ways and a comparative analysis of different supervision ways.? Literature research method.The author has searched for a large amount of literatures on "arguments about legislation of civil procuratorial supervision ways" and "factors affecting the legislation of China's civil prosecutorial supervision ways".Conclusion:Only protest and procuratorial suggestion are the civil supervision ways suitable for our laws at present,but which are not perfect in terms of our country's legislation.Therefore,some suggestions are proposed in this paper for improvements to protest and procuratorial suggestion.