Research On The Power Of Procuratorial Supervision Of Evidence Investigation In Civil Proceedings

Procuratorial organs are usually based on the evidence of civil procuratorial supervision enforcement to the procuratorial supervision of legal activity,perform their supervisory functions,exercise the right of legal supervision,the enforcement power of civil procuratorial supervision evidence as a public power,will not be any starts,whether the parties apply for startup,or because of state interests,social public interests and the legitimate rights and interests of other people suffer damage when start the procuratorial organs in accordance with the powers and authorities of office,as the public power intervention in the private power should be pay attention to moderate,not too much interference between the parties to the exercise of the litigation rights and equality.The civil procedure law was revised in 2012,after giving prosecutors enjoy procuratorial supervision and investigation of evidence in civil lawsuit,enable procuratorial organs in accordance with the relevant laws and regulations clearly stipulated by the exercise of procuratorial supervision way to achieve such investigations of evidence,but not all provisions relating to the power of the very meticulous comprehensively,such as not to do the exercise of the mandatory enforcement power of civil procuratorial supervision evidence specific provision,this to a certain extent affect the working efficiency of procuratorial organs,for not to cooperate with client is also helpless,Of course,it is precisely because of the imperfection of the legal provisions that procuratorial organs face many difficulties when exercising the right of civil procuratorial supervision and evidence investigation.Evidence for prosecution,the exercise of civil litigation will be conducive to the supervision of such investigations,so as to achieve the purpose of the legal supervision,promote social justice,is due to the procuratorial organ is given evidence investigation has important significance on the society as a whole,so the imperfect of legislation for the dilemma of procuratorial organs is became better exercise the power of obstacles and difficulties,the procuratorial organs in the exercise of civil procuratorial supervision problems of evidence investigation power increasingly ivhighlight,as the enhancement of the importance of power,highlight the problem of how to solve also became a focal point,It has become an urgent problem to promote the effective exercise of the power of evidence investigation in civil procuratorial supervision.In judicial practice,the non-standard use of the power by the procuratorial organ leads to the abuse of power.At the same time,the investigation of the evidence of civil procuratorial supervision can not be carried out well only by relying on the procuratorial organ itself,but also needs the cooperation of the court.Therefore,there is a dilemma of the cooperation of the court in judicial practice.This paper mainly discusses from the following five parts.The first part is the introduction part,mainly expounds the enforcement power of civil procuratorial supervision of litigation evidence research background and research significance,briefly summarized and the domestic experts and scholars point of view,there are different points of view to analysis,at the same time will be briefly described several foreign countries of civil prosecutorial system,so that the study of enforcement power of civil procuratorial supervision evidence in our country,finally,the overall evaluation on the literature review.The second part is the overview part of enforcement power of civil Procuratorial supervision evidence,for the concept,nature and characteristics of the power of a simple introduction,and the enforcement power of civil Procuratorial supervision evidence in our country’s legislation trajectory has carried on the detailed narration,thus easy to understand the legislative process,next analyze the problems existed in the exercise of power.The third part is the current situation and problems of the operation of enforcement power of civil procuratorial supervision evidence,the author will from here is divided into two aspects of legislation and judicial summarise the status and to more detailed statement of the problem,which can make readers more comprehensive understanding of the plight of the existence of power,as well as perfect the enforcement power of civil evidence provides the basis of procuratorial organs.The fourth part is based on the analysis of the United States,France,Japan and other countries in the aspect of civil procuratorial system of rules,and with the exercise of the enforcement power of civil procuratorial supervision evidence in our country are compared,and the appropriate enforcement power through the exercise of procuratorial organ in the civil lawsuit evidence in order to achieve the purpose of the procuratorial supervision is not only the need of judicial practice,but also inspired by outside the relevant system,promote the civil procuratorial supervision of procuratorial organ evidence perfecting such investigations.Last part of the evidence is in understanding the civil procuratorial supervision under the premise of the theoretical basis of such investigations,to perfect the procuratorial organs exercise the procuratorial supervision in civil lawsuit evidence summarise should follow the basic principles of investigation power,insist on the principle of legitimate,comprehensive and objective principle,and in view of the civil procuratorial supervision of evidence in the problem of exercise of such investigations,The author puts forward suggestions on improving the guarantee mechanism of the power of evidence investigation and hopes that the procuratorial organs of our country will practice and perfect the power of evidence investigation of civil procuratorial supervision continuously in judicial practice.Throughout the whole article,the author analyzes the legislative track of the power of evidence investigation of civil procuratorial supervision in China and the relevant provisions of the power of procuratorial organs outside China.Based on the analysis of the relevant systems outside China,it is expected that the procuratorial organs in China will compare and gain something when performing the power of evidence investigation of civil procuratorial supervision.Not only analyzes the procuratorial organs exercise the enforcement power of evidence in the case of civil procuratorial supervision face imperfect legislation and judicial application of non-standard and the problems existing in the operation process of the power,it and legal,the principle of comprehensive and adhere to the procuratorial supervision and enforcement power to fulfill the purpose of the evidence,Clear evidence at the same time put forward the legal effect of evidence and establishing and perfecting the guarantee mechanism of such investigations,such as perfecting suggestion,finally the author hope that prosecutors in the case of evidence investigation at the same time,strengthen the case the understanding of the actual situation,to better fulfill the function of procuratorial supervision,plus the court public power authority to cooperate,such as the limited use of judicial resources,The solution of the case is more efficient,so as to achieve a greater degree of protection of China’s national interests,social public interests and the legitimate rights and interests of the parties,to maintain judicial authority,enhance judicial credibility.