The Research On The Legal Basis And Systematic Construction Of Civil Action’s Independent Procuratorial Supervision

Purpose of civil procuratorial supervision system is o achieve the properfunctioning of the judicial process and uphold the authority of the law under thesupervision of procuratorial power on jurisdiction and the protection of judicialfairness and efficiency. The main part of civil procuratorial supervision system isconstructed by counterappeals. To be frank there also exist some drawbacks in theactive system. The essay is trying to analyze the drawbacks in the system so as tofocus on the ultimate consideration on the independence of the civil procuratorialsupervision system. To solve the problem, the essay compared Chinese institutionalsystem with western countries and discussed on the issue in the following parts:First, the essay uses the general introduction as the opening badge, the firstchapter mainly introduces the background and significance of selecting the topic, andthe research contents and methods. Second, based on Chinese Civil Procedure Law,the essay tried to find out the drawbacks in the active civil procuratorial supervisionsystem. In the third part, the essay compared the differences on the structure of powercontrol in different countries, so as to find out the purpose of the independence ofcivil procuratorial supervision system on the jurisprudence basis. Finally, the essaytried to construct the independent civil procuratorial supervision system so as to solvethe problems existed in the active system.