Research On Perfection Of China’s Civil Procuratorial Supervision System

Civil procuratorial supervision system is an important part of procuratorial authorities exercising legal supervision power.In the previous procuratorial supervision system,anti-corruption and anti-dereliction of duty and criminal procuratorial works have long been the mainstream business of procuratorial authorities,while the civil procuratorial supervision system has received low attention and developed slowly.However,with the judicial system reform in the political and legal system in2016 and the supervision system reform in 2017,the working scope of procuratorial authorities has undergone tremendous restructuring.After the transfer of "anti-corruption" and "anti-blasphemy",the development of civil procuratorial system has gained unprecedented attention and become a new main growth point for procuratorial authorities.Under the background of the new era,the civil procuratorial supervision system mainly includes the areas such as the supervision of civil judgment results,the supervision of civil execution,the supervision of judges’ illegal acts,the supervision of false litigation,and the support of prosecution.The supervision methods can be classified mainly as protest,retrial procuratorial suggestions,and procuratorial suggestions.In recent years,with the promulgation of the Civil Procedure Supervision Rules of the People’s Procuratorate and the revision of the Civil Procedure Law of the People’s Republic of China,the civil procuratorial supervision system has been developed and perfected to a certain extent.But due to the imperfection of the system,there are some shortcomings in the implementation of relevant systems in judicial practice,which are manifested as whether the positioning of procuratorial supervision is "public right supervision" or "private right relief" or not,how to exercise the investigation and verification power of procuratorial agencies after the transfer of "Anti-corruption" and "Anti-blasphemy",how to distinguish the applicable conditions of protest and retrial procuratorial suggestions,how to carry out the work of the review system needs to be improved from the legislative level.In addition,how to improve the overall strength and quality of the procuratorial team,how to relieve the petition pressure and maintaining stability,how to understand and apply the newly issued Rules for Supervision of Civil Litigation,and how to use big data to improve the quality and efficiency of handling cases have also become issues that need to be considered and improved in judicial practice.The civil procuratorial supervision system is a legal supervision system in line with China’s national conditions,which is formed by combining the nature of China’s socialist country and the positioning of legal supervision authority.This thesis had a discussion and analysis based on the influence of the reform of national judicial and supervision system on the development of civil procuratorial supervision systems and the existing difficulties for the system,by way of referring to the characteristics of the foreign legal supervision system and change history,combining with theoretical research,comparative analysis,case analysis and other methods to perfect and improve the existing judicial supervision system by offering some suggestions.