Research On The Power Of Investigation And Verification Of The Civil Prosecutorial Supervision

The regulation about civil rights of Prosecutorial Supervision investigation and verification provision in the newly revised "Civil Law" is too principled, which is not conducive to the operation of the Civil Procuratorial Supervision in judicial practice. Although the Following relevant judicial interpretation released the investigation and verification rights were regulated detailed, but there are many flaws and defects. At the same time, in practice the reorganization among court system, prosecution system Civil Supervision there is a big difference, so that the Court does not cooperate with investigation and verification exercises of the right encounter many difficulties, which is a serious impediment to the prosecution to fulfill their legal oversight responsibilities.I believe that the right of investigation and verification is essential safeguard of the prosecution of civil prosecutorial oversight functions, and is of great significance for the interests of justice and judicial authority. But the Civil Prosecutorial Supervision investigation and verification authority should be strictly limited, non-statutory situation cannot be carried out.In this paper, I start from the purpose of the exercise and the exercise of rights and powers of investigation and verification stage, to define the concept of the right to investigate and verify, while analyzing similar systems outside major countries were studied in detail.In the second part, the author of this article analyzes on the right to investigate and verify the legal status and on its various theoretical perspectives, and discussed the legitimacy and necessity of prosecutors’ the right to investigation and verification, and claim that the right of investigation and verification should be cautiously exercise.In third part of this article, the author analyzes relevant normative documents of the right of investigation and verification, and takes objective analysis of the current legislation in the presence of errors and defects.The focus of this paper is the design of investigation and verification and the right to regulate and protect the rights of internal investigation and verification. The two part article discussed in detail the investigation and verification exercise of the right principles, start-up mode, the range of exercise for the object, based on the author and the right of investigation and verification. At the same time, the relevant systems supporting the emergency measures were discussed, and the prosecution after investigation and verification the effectiveness of evidence obtained were analyzed. Meanwhile, I analyze how to regulate the right to investigate and verify and the propose of specific ideas.