Research On The Civil Procuratorial Investigation And Verification Right

With the increase of civil cases,civil cases are gradually increasing along with the economic and social development,and some civil cases and false litigation cases that damage the public interests and the interests of the third party emerge in endlessly.It is more necessary to strengthen procuratorial power to intervene in the civil field for supervision,so as to restore a harmonious and just judicial environment.This article mainly analyzes the present situation of the current civil procuratorial work,the status quo is due to the civil procuratorial work legislation relatively late,lack of legal support in the process of procuratorial organs exercise their powers and too principled regulations made more depend on the prosecutor’s case in the judicial practice experience,At the same time,the grass-roots procuratorial system has long existed the phenomenon of "Attach more importance to criminal law than civil law",which makes the civil procuratorial professional lack.There are also many difficulties in the exercise of the right of investigation and verification by civil procurators,such as the limitation of the content of investigation and verification,the lack of the guarantee mechanism of the right of investigation and verification,and the low professional level of some procurators.In order to ensure the smooth operation of the right of investigation and verification by civil procuratorial work,this paper,based on China’s civil Procedure Law and relevant rules of civil procedure supervision,draws lessons from other countries’ excellent civil procuratorial supervision system on the basis of national conditions,deeply analyzes the problems,challenges and practical disputes existing in the exercise of the right of investigation and verification.The main reasons are the legal provisions on the right of investigation and verification,the lack of relevant guarantee mechanism and the different quality of civil procuratorial team.This paper puts forward some measures to solve the problem: first,it is necessary to follow the principle of prudence,necessity and procedure to start the right of investigation and verification;second,it is necessary to standardize the legal provisions of the right of investigation and verification,improve the legal status and add flexible measures of the right of investigation and verification.Third,to respond to practical disputes in the exercise of the right of investigation and verification,and to clarify the evidence collection procedures,validity and duration of the exercise of evidence.Fourth,strengthen the relevant protection of the right of investigation and verification,standardize the main responsibility that hinders the exercise of the right of investigation and verification and establish a stable funding security system.Fifth,we will improve the professional level and supervision awareness of procurators and strengthen the procuratorial power at the grass-roots level.