Dissertation > Political, legal > Legal > Chinese law > Justice system > Procuratorate

A Study on the Improvement of China’s Civil Procutorial System

Author HuYu
Tutor ZhaoXinHua
School Jilin University
Course Legal
Keywords Civil prosecution Civil action Procuratorial system
CLC D926.3
Type Master's thesis
Year 2006
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As stipulated in the Constitution of People’s Republic of China,the people’s procuratorate is the country’s legal supervision on behalf of the state to exercise powers. The Article 14 of the "Code of Civil Procedure" established the basic principle that the procuratorial organs supervise the civil litigation activities,which is the legal basis of the civil procuratorial system. It is genernally accepted that civil procuratorial system means that procuratorial organs supervise the activities of the civil litigation system of legal proceedings. But as far as I am concerned,according to the reasonal understanding of the object,scope and the methods,the civial procuratorial system is the litigation legal system that procuratorial organs exercises civil procuratorial powers to supervise the legality of civil litigation activities.Civil procuratorial system is a imported institution that originated in 12th-century France. Civil procuratorial system is recognized as an important legal system by many countries in the world. The opration of this system should be in coordination with the country’s constitutional principle. The development trend of the civil procuratorial system is the gradually strengthening intervention by State.China’s civil procuratorial system was originated in the late Qing’s legal reform,the development of which is a zigzaging and tortuous course from the stage of the early period of the State founding to the rehabilitation and development after the Cultural Revolution. Now our country’s civil procuratorial system has been playing an active role in ensuring proper and uniform implementation of the law and maintaining fairness and justice, resulting in great legal and social outcomings. However,the unclearness of the legislation and the in-coordination of the jurisdiction restrict the development of the civil procuratorial system,especially some theoretical conflics,which makes it even worse. Therefore,we should clarify the following relations:I.The relation between civil procuratorial system and Judicial independence. When we emphasize the importance of the judicial independence,we do not mean that there is no limitation or supervision upon

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