Research On The Operation Mechanism Of The Civil Prosecutorial Supervision

In the development of China’s civil law system, the Civil Procuratorial Supervision System has been one of the most important system, which has played a significant role in disputing resolution and safeguarding the interests of the state and the public and also in protecting the human rights. The Civil Procuratorial Supervision System mainly refers to the supervision and restriction of civil proceedings, and it also rescue the parties through the intervention of public power, which aims at keeping the inner structure and the proceedings being orderly operated.The development of Civil procuratorial supervision system is tortuous. It experienced the early establishment, the mid-term development, the stagnating outage, and the recovery stage. At present, the Civil procuratorial supervision system already formed a unique structure and some relevant supervisory methods have been improved, such as protest system, and along with the changes of the social environment of the rule of law, the institutions are constantly self-cultivated and self-optimizated whether in protest conditions or protest circumstances.After the amendments of 2012 Civil Procedure Law, Civil Prosecutorial Supervision System has been upgraded to a more important position, along with some affiliated system established. Also the litigation model and the structure are further optimized. Thus,this modification is quite important for Civil Procuratorial Supervision System. However, because of the lag and principles of the law, no relevant procedural rules of Civil Procuratorial Supervision System were built, which makes the judicial supervision be difficult to carry out.Those obstacles, including the divergence between the procuratorate and the court on this system, affects the realization of legislative intention of the Civil Procuratorial Supervision System.Reviewing the academic and practical researches on the Civil Procuratorial Supervision System in our country, it can be found that the basic theories of this system is being perfected, and the basic components inside the system are formed, but from a macro-perspective, due to the defects of the institutional system and internal operating mechanism, as well as the absence of the procedural rules of various parts of the system, Civil procuratorial supervision system has not fully exploited the effectiveness.Therefore, in order to achieve the legislative purpose of the system, we must proceed in two ways: First, improving the operating mechanism from a macro-perspective, including its procedural rules and safeguards system; the second is to refine the internal rules of the various systems from the micro-perspective, including removing the part which does not comply the rule of law; injecting the fresh and practical part, which help to realize the optimization of the system individually and provide the basis for orderly operation of the overall system.Combining to this paper, it mainly focuses on perfecting the operating mechanism of this system and theoretically clarifying the subject and scope of the supervision and improving the relevant procedural rules and other aspects to further improve the operational mechanism, so that the civil procuratorial supervision system can be operated in a more scientific and efficient way, ensuring the realization of social justice.Civil procuratorial supervision system is a new system with the characteristics of the times after the modification of the 2012 Civil Litigation Law. Before that, our country provides a civil prosecutorial supervision system, but for various reasons on legislation and practice, the system was not such effective, and it also led to the “malicious mediation", "litigation omission" and other problems when being put into practice. This modification reflects the concern for the Civil legislature prosecutorial supervision, however, whether it is perfect in specific systems or in legislation ideas, this modification reflects "limited supervision" and "Modest supervision".Therefore, this paper is to research the system with the premise of "limited supervision", aiming to improve the relevant operational mechanism and to further develop legislative value, which facilitates the full implementation of the procuratorial organs; ensures the realization of social justice and accelerates the pace of making our country a legal state.