Research On The Legal Supervision Of Civil Litigation By Procuratorial Organs

The legal supervision of civil prosecution by procuratorates has always been one of the topics frequently discussed in the academic circles.With the several revisions of China’s civil procedure law,the academic circles’ discussion on this issue has been continuously promoted along with the revision process.From academic discussion to empirical research,many theoretical results have been produced.However,because civil prosecutorial supervision is closely related to the actual work of the procuratorate and the court,merely academic research contributes little to the discovery and resolution of real problems.Therefore,based on the results of the four-month investigation conducted in the procuratorate,combined with the relevant data in the work report of the procuratorate and the specific civil prosecution supervision case,I saw from the current situation and working methods of the civil prosecutorial supervision.First of all,this study describes the practice of civil trial supervision in the first-line procuratorial organs from 1991 to 2018 through data analysis,case studies,interviews and observations.It is divided into two parts:quantitative research and qualitative research.Firstly,this study uses quantitative research method to analyze and summarizes the rule of the civil trial supervision data obtained by the investigation in the 2012 Civil Procedure Law modification.Secondly,this study uses qualitative research method such as case analysis,interviews and observation methods to describe and present frontline procedural practices around difficult cases and reasons of retrials in practice.Besides,in view of the research situation,this study attempts to reveal the main factors affecting the supervision of civil trials.It can be found that the revision of the Civil Procedure Law,the adjustment of the internal organs of the procuratorate,and the operational capabilities of the frontline inspection teams are the three most important factors affecting the supervision of civil trials.The different roles of these factors in different periods directly affect the civil trial supervision of Chinese procuratorates.Finally,this study attempts to predict the future of civil trial supervision.Combined with judicial data,the actual situation and the work guidelines of the current procuratorate,I found that the number and quality of civil trial supervision in China will continue to increase in the future.Together with public interest litigation,it has become an important growth point of the procuratorate.Meanwhile,based on the research results of this study,it can be inferred that the exercise of the investigation authority of the procuratorial organs and the successful handling of difficult cases will become two major risks and challenges worthy of the procuratorial organs to continue to think and solve.