Research On The System Of Civil Procuratorial Supervision

Our civil procuratorial supervision system originated from the former Soviet Union,but also has a strong Chinese characteristics, unique political system,determine the natureof procuratorial power in China is different from the main western developed countries ofprocuratorial power, civil prosecutorial power is the same. Be congenitally deficient oftheoretical foundation and legal basis, the system is very weak, resulting in the actualoperation effect is not ideal. In2012,the amendment of civil procedure law, responded tosome of the controversial theory, to a certain extent strengthened the civil procuratorialsystem, but the relevant legal provisions still exist have strong principle，specifically theproblem of insufficient. The implementation of more than a year of practice, relevant datahad already explained some of the specific system need to be perfected. This article of theauthor from the nature of the civil procuratorial power limits to begin, through five parts ofresearch and analysis.The first chapter analyzes the nature of the procuratorial power, thought that theprocuratorial power in China is an independent right of legal supervision, civilprocuratorial power is a manifestation of the procuratorial power in the field of civillitigation, and combined with the main contents of the current legislation of civilprocuratorial power in China is summarized and basic characteristics;The second chapter isbased on two of the world’s legal representatives of countries and the former Soviet Unioncivil procuratorial power to conduct the comparison research, analysis of the significancein the specific design of the system; The third chapter, the author discusses the theoreticalbasis of civil procuratorial system from six aspects of the power balance theory, publicinterest theory, civil procuratorial supervision and the basic structure of civil lawsuit;Fourth chapter,combined with the author mainly in recent years, especially since the2012lawenforcement of procuratorial practice including handling large volumes of data,analysisof the civil procuratorial system in our country are in the legislation and practice of the plight of theory and Practice; Based on the above research, the fifth chapter systematicallyelaborates the author to think about the specificoperation of the system and suggestions,including to the pre litigationsupervision, litigation supervision, supervision and executionof action after shall supervise the ideas of supervision, and integrity. Legislative proposalsgood civil public prosecution system, supervision system implementation and investigationand verification procedure etc..