Research On The Follow-up Supervision Of Civil Proceedings Of People’s Procuratorate

Follow-up supervision is the product of my country’s civil procuratorial supervision system in line with social development under the new situation,and it is the supplement and improvement of the civil procuratorial supervision system.For a long time,in the process of judicial system reform in our country,the reform and development of civil procuratorial system has always been the focus of theoretical and empirical research--The revision of the Civil Procedure Law in2012 and 2017 brought the development of the civil procuratorial system to a new level.On August 1,2021,the “People’s Procuratorate’s Civil Litigation Supervision Rules”promulgated by the Supreme People’s Procuratorate began to be implemented;On December 24,2021,The Civil Procedure Law was revised again.These legal norms have brought new opportunities and challenges to civil procuratorial work.The civil procuratorial supervision work in today requires precise thinking throughout the whole process of supervision,continuously improving the pertinence and effectiveness of supervision,and adjusting supervision methods,broadening supervision channels,and strengthening supervision according to the actual situation in the new situation.More importantly,in the face of problems in judicial practice under the new situation,the civil inspection and supervision system needs to adjust itself.For example,after the first supervision,there are still obvious errors in the court’s judgment,ruling or mediation letter;The people’s court fails to respond to the procuratorial suggestion within the prescribed time limit or handles it incorrectly;The initial supervision of the procuratorate did not completely correct the illegal behavior during the trial process,the parties’ demands were not reasonably resolved,etc.These problems urgently require new solutions,and the emergence of follow-up supervision is the result of the self-adjustment and development of my country’s civil procuratorial system.The research on follow-up supervision has profound theoretical and practical significance.As part of the civil procuratorial supervision system,follow-up supervision corrects mistakes in litigation and remediates citizens’ losses,which is a manifestation of citizens’ rights being guaranteed and citizens’ will being respected;As a special supervisory organ,the procuratorial organ has the power to supervise state organs.The procuratorate has the right to supervise state organs that do not strictly abide by the law and damage the interests of the state,society,and citizens.Follow-up supervision and other means of supervision constitute my country’s civil procuratorial supervision system,which promotes the rule of law,precision and standardization of civil supervision,and conforms to the development path of my country’s rule of law process.This paper firstly sorts out the development process of our country’s civil procuratorial supervision system.Starting from three aspects of the theoretical development process,legislative development process and system change,it lays the foundation for the follow-up supervision system research on the whole.Secondly,the overall value of the follow-up supervision system in promoting the construction of a country ruled by law,a government ruled by law,and a society ruled by law is explored from the two perspectives of the follow-up supervision system is conducive to protecting the rights of litigation subjects and restricting the power of judicial organs,so as to provide theoretical and value support for the study of the follow-up supervision system.After that,it analyzes and summarizes the typical cases issued by the Supreme People’s Procuratorate in the form of a table,and summarizes the meaning,scope of application,operation procedure,legal effect and practical significance of the followup supervision system.Finally,on the basis of discovering that the follow-up supervision system currently has some defects in practice,in combination with my country’s national conditions,it is targeted at proposing the modification and improvement of the review of the supervision system.This paper attempts to study the follow-up supervision system,on the one hand,to better solve the problems in the practice of civil procuratorial supervision,supplement the function of civil procuratorial supervision,and restrain the power of the judicial organs,so as to better safeguard the rights of the parties to civil litigation;On the other hand,while promoting the improvement of the follow-up supervision system,it also promotes the development of China’s civil inspection and supervision system and promotes the process of China’s rule of law country,rule of law government and rule of law society.