Research On The Right Of Investigation And Evidence Collection In Civil Protest

Civil protest is one of the procuratorate of the people’s court in the field of civil litigation is an important way of supervision.It has extremely vital significance about legal,properly resolve civil disputes,to improve the execution efficiency of civil judgments and orders,constructing of socialist harmonious society,the relationship of equality.As is often the case,the people’s Procuratorate of the scope of the right of investigation and evidence collection to a large extent determine the success or failure of civil counterappeal.At present,although there are some regulations about the investigation warrants right of Procuratorial organs of civil protest,but the legislation is not clear enough,and judicial interpretation act as one pleases.Although there are many theoretical study,and whether it should be limited is a focus of controversy in the law theory and judicial practice.The definition of the boundary of the investigation and evidence collection right of procuratorial organs influences the equity relationship between the procuratorial supervision and the judicial independence,external forces and internal structure,the state intervention and autonomy of private law,the stability of the procedure and the entity justice.The article 209th of our revised civil procedure law provides that the parties may apply to the people’s Procuratorate procuratorial proposals or protest.The article 210th of our revised civil procedure law provides that if the people’s Procuratorate to fulfill legal oversight responsibilities really necessary for protesting,can investigate and verify the relevant circumstances of the case.But in the judicial practice,there are big differences between the procuratorial organs and judicial organs about this problem.The provisions of the prosecution’s right to investigate and collect evidence of Handling rules are too principle and simple.In practice,the procuratorial organs have no regulations or provisions of unknown content of rules,often investigating and collecting evidence according to their own understanding.This makes the investigation and evidence collection of the procuratorial organs of in the judicial practice in various forms and very confusing.Theoretical research is not mature and the judicial practice proves controversial of the system,serious impact on the implementation of the system in our country in civil proceedings.Based on the combing of the right of investigation and evidence collection of China’s procuratorial organs in civil cases,this paper expounds the necessity and feasibility of procuratorial organs of certain investigation and evidence collection right.The value of the civil protest system is to maintain the correct implementation of the lawjealize judicial justice,and defend judicial authority.In order to respect and care the principles such as trial independence,the autonomy of private law.the Res Judicata and the benefit of litigation of the referee,the civil protest system must follow the principle that the public authority’s interventions in private right must have height modesty.The restriction on the procuratorial organ’s right of investigation and evidence collection is from the following aspects:scope of investigation,the starting,exercise,produce and certification,in order to constantly improve the civil appeal system.