Research On Civil Prosecution Complaints System

To implemen the "civil procedural law" the provisions on procuratorialsupervision, Supreme People’s Procuratorate formally announced the " People’sProcuratorate supervision Civil Procedure Rules (Trial)"(hereinafter referred to as "Supervision Rules ") on November18,2013, and since the date of promulgation, inwhich includ the significant improvement on system of civil procuratorial complaint.Background with the supervision rules, this paper expounds a number of significantchanges in the new civil procuratorial complaint system: the complaint is no longerhas the nature of the complaint letters and visits, it independently by the parties fromthe match, freedom punishment, it’s the same right as the right of prosecution, theright of appeal, the right to apply for retrial;constructing rules of separation of powerswithin the procuratorial organs about the complaints, the right to accept exercised byaccuse supervision departments, the right to handle exercised by the civilprocuratorial departments, management rights exercised by the case managementdepartments.Simultaneous analysis its shortcomings in the period, complaint handlingsubject, jurisdiction, malicious complaints, evidence and other issues. Thenaccordingly put forward a sound proposal: specification the deadline of the complaintand appeal, refine rules of separation of powers within the procuratorial organs, set upthe different jurisdiction system, define and regulate malicious complaints，review theevidence, etc. On the above analysis of the problem, make recommendations forimproving the system of civil prosecution complaints.Right of complaint is a citizen’s basic rights, civil prosecution right of complaintis the embodiment of complaint right in the field of civil litigation. Through theliterature research, comparative analysis and other methods, this paper research on ourcountry current system of civil prosecution complaint with the background of supervision rules.The main innovation points of this paper is on the definition ofmalicious complaints and regulation of malicious complaints, and the establishmentof the procuratorial complaint beyond the jurisdiction system. Define maliciouscomplaint is a prerequisite for malicious complaints regulation, while establish theliability rules for malicious complainant’s, in order to ease the issue of maliciouscomplaints in our country’s judicial practices. Different jurisdiction will promote therealization of justice, and eliminate the judicial suspected.Part I: Overview of the civil procuratorial complaint system. To define the civilprocuratorial complaint, civil procuratorial complaint is the embodiment of partiescomplaint in the field of civil litigation. Briefly expounds the content of the civilprocuratorial complaint system and its significance.Part II: Evaluation of the new civil procuratorial complaint system. This partexpounds major changes in the new civil procuratorial complaint system, such as thelitigation right of complaint, constructing rules of separation of powers within theprocuratorial organs about the complaints. Simultaneous analysis its shortcomings inthe period, complaint handling subject, jurisdiction, malicious complaints, evidenceand other issues.Part III: The construction of a new civil procuratorial complaint system toconsummate. By analysis of the inadequacies of the new civil procuratorial complaintsystem in the second part, puts forward the suggestions: specification the deadline ofthe complaint and appeal, refine rules of separation of powers within the procuratorialorgans, set up the different jurisdiction system, define and regulate maliciouscomplaints.Part IV: Conclusion: the reform of the civil procuratorial complaint system. Onthe above expound the civil prosecution complaint system, to discuss the reform ofcivil prosecution complaints system, and to predict new situations that civilprosecution complaint system might encounter under the new conditions.