Wuhu Municipal People’s Procuratorate Of Civil And Administrative Prosecutions Survey Report(2008—2012)

Civil Administration Procuratorates is the action of procuratorial power exercise independently by People’s Procuratorates, to execute legal supervision over the civil court and administrative procedure, safeguard uniformly implementation of the law and judicial justice, which is part of the procuratoriates important business and an important duty of the Constitution and Procuratorates. As an important part of judicial system with Chinese characteristics, civil administrative procuratorial system has finally developed into a relatively mature system of legal supervision, experiencing in the exploration and practice of more than twenty years and the pending debate since the beginning, while it contributes to their functions and powers exercising over supervision and judicial organs, development for social economy growth orderly and protecting the masses’legal rights and interests, maintaining social stability, that proves the importance of civil procuratorial work and lets it take a place in Chinese modern legal system. Civil Procedure Law, revised recently in2012, supports the civil administrative procuratorial work currently for the legislation, opens a new situation, and brings with new opportunities.Civil administration departments at two levels, of People’s Procuratorate in Wuhu, made certain achievements in performance of civil administrative procuratorial functions and duties, strengthening supervision and expanding the area of supervision, supervision mechanism innovation, and correcting wrongdoing for judicial organs. Civil cases, accepted by the procuratorate of Wuhu City, are mainly relevant to five major categories, such as real estate and lands, loan contracts and non-governmental credit loans and obligatory right and debt transfer, compensation caused by traffic accident, the distribution of property upon divorce, and administrative permission cases. Social hot issues and contradiction, highlighted by Multiple and complex case, mainly includes tide of removal and consistent high-price of real estate caused by urban development, the contradiction between national credit crunch policies and the fund demand from small and medium-sized enterprises funds that makes the confusion of non-governmental credit loans, frequent accidents resulting from rising tenure of motor vehicles, and serious public doubts to the court credibility caused by unhealthy tendency for some judges. There are kinds of reasons to appeal formation while main reasons are, according to commutation rate of the court complaints to the procuratorate, that some sentences are wrong while plaintiffs consider there are errors on the judgment to the fact that can be regarded as error of law and violation procedure, lack of proof or the discretion of inappropriate, and the appeal to legitimacy and rationality of the specific administrative act within administrative decision.Public prosecution work has made much progress on public awareness and responsibilities fulfillment, however, there are still some outstanding problems restricing the development and promotion of civil procuratorial work. First of all, it is the relationship between the procuratorate and the court failed to straighten out while working mechanism is rather random, specific linkage mechanism does not work well, big differences on the evidence and the resistance from the court to the procuratorate. Secondly it is that standards, of appeal ruled by the Civil Procedure Law, are not clear, for which further refinement is necessary, in order to bridge the court and the procuratorate against differences of standard understanding and further enhance the rate of the change of appeal cases. The third one is the operation cycle for the civil appeal cases is too long, while it has an adverse effect on the parties to safeguard their own rights and interests. The fourth one is the supervision effect is not ideal, since the public awareness to civil procuratorial work awareness is not high, with restriction to the trial behaviors, inefficient administrative supervision and inadequate publicity for itself.Further improvement and reconstruction of civil procuratorial system has become the consensus, according to the problems existing in current civil administrative procuratorial work. Depending on legislation, the specific performance is, especially the judicial interpretation issued by court and the Procuratorate together, further improvement for the civil procuratorial power configuration, the establishment of a harmonious and interactive method of working mechanism and the civil reconciliation system, strengthening civil prosecution supervision capacity, and the reconstruction of the current civil procuratorial system, further improvement for the procuratorial supervision system, and laying a solid foundation for the great-leap-forward development of Wuhu Municipal People’s Procuratorate civil procuratorial work.