On Improvement of Civil Procuratorial Power
Cai Wei
Abstract
Cai Wei
Abstract
The civil procuratorial power was established according to the legal supervision theory of Lenin and the situation of China, which meets the requirement of maintaining uniform civil legal system of the state, enhancing and improving of the legal supervision responsibility of the procuratorial organ, and protecting state interests, social interests and crucial interests of citizen and legal person. Several relations should be balanced to complete the civil procuratorial power as follow: (1) the relation between supervising civil procedure and maintaining the stability of final adjudicate; (2) unification of state intervention and right of disposition of litigant; (3) proper disposal of the relation between civil procuratorial power and adjudicative power to establish a civil procuratorial mode giving attention to both supervision and public prosecution.
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The civil procuratorial power was established according to the legal supervision theory of Lenin and the situation of China, which meets the requirement of maintaining uniform civil legal system of the state, enhancing and improving of the legal supervision responsibility of the procuratorial organ, and protecting state interests, social interests and crucial interests of citizen and legal person. Several relations should be balanced to complete the civil procuratorial power as follow: (1) the relation between supervising civil procedure and maintaining the stability of final adjudicate; (2) unification of state intervention and right of disposition of litigant; (3) proper disposal of the relation between civil procuratorial power and adjudicative power to establish a civil procuratorial mode giving attention to both supervision and public prosecution.
Key concepts: Adjudication, Power (physics), State (computer science), Political science, Unification, Law, Intervention (counseling), Civil society