On Improvement Of Civil Prosecutorial Supervision System In China

The system of civil procuratorial supervision is related to civil proceedings nationalprocuratorial organs supervise system, procuratorial power is a kind of national publicpower, civil prosecutorial supervision is a concrete manifestation of the power ofprocuratorial supervision in the field of civil litigation, the procuratorial organs of thejudicial supervision to form the balance of power, in order to achieve fairness and justice.Whether civil or common law countries, gives the procuratorial organs in civil litigationbroad oversight, compared with foreign judicial practice and legislation, the procuratorialsupervision of civil legislation start late, specific content is not detailed, the civilprocedure law amended several times will oversee the scope expanded to the whole areaof civil litigation, not only the civil trial, covers the execution and other links, supervisionmode also increases the procuratorial suggestions in protest on the basis of the original,but also clear the supervision means of investigation and evidence collection, to a certainextent, the civil procuratorial supervision system has been improved. In judicial practice,although the civil procuratorial supervision function is relatively clear, but in practicalwork, because the legal provisions are too general, not the actual operation, the systemstill has some problems, not only needs the legal provisions for the supervision authority,let these rights can be realized through detailed rules for implementation of the operation.Any civil procedure are possible violations of the pursuit of fairness and justice, theprocuratorial organs exercise the powers of supervision on civil litigation process, whichcan prevent the abuse of public power, but also can correct the errors, in addition to thebalance of power, more important is the reality of social people’s heart to the demand ofjudicial justice. This paper summarizes the basic content of the civil procuratorialsupervision system of China constitutionalism foundation, balance of power demand, thecivil procedure law amended several times on the development of the civil procuratorial supervision system for interpretation, and the relevant provisions of foreign civilprocuratorial supervision system, and points out that the current civil procuratorialsupervision system in China, the lack of infrastructure security operation process the lackof problems existed in the process, and according to the conditions of our country and theneeds of the judicial practice, from three aspects of practical significance, basic ideas,main path to perfect the civil prosecutorial supervision system of our country puts forwardto establish the correct concept, strengthen supervision supervision power disposition,smooth communication channel and construction of supervision mechanism, integration ofspecific provisions, refinement of protest clear public interest litigation, procuratorialorgans duty investigation to verify permissions, enhance standardized procuratorialsuggestion effect of his own views, thus ensuring the system can realize the monitoringvalue.