Study On Civil Procuratorial Investigation And Verification Right

The right of civil procuratorial investigation and verification is an inevitable means for the people’s procuratorate to clarify the context of the case,restore the facts of the case and make the objective facts and legal facts highly fit in the handling of civil supervision and civil public interest litigation cases.In practice,the application supervisor’s ability to exercise the right of investigation and verification is limited by legal provisions and behavioral capacity,and he/she does not apply for investigation and verification in the form of legal provisions at the appropriate time in the process of court hearing.At the same time,the court also ignores the investigation application submitted by relevant parties,resulting in difficult to restore the objective facts of the case.As a result,the supervisor cannot serve the sentence.This paper intends to combine the author’s actual handling of a typical case in which the procuratorial organ uses the power of investigation and verification to change the sentence,to analyze the legal nature of the civil procuratorial investigation and verification power,the necessity of the establishment of civil procuratorial investigation and verification power,how to effectively construct the operation mechanism and supervision mechanism of civil procuratorial investigation and verification power and so on.Then it provides ideas for how to construct the operation mechanism of civil procuratorial investigation and verification power effectively.