论民事诉讼检察监督
发布时间：2018-08-01 08:12
【摘要】：民事诉讼检察监督是检察机关对我国民事诉讼活动全过程的一种监督,旨在保证司法的公正性与权威性,保护国家、社会公共利益和当事人的合法权益。民事诉讼检察监督制度作为中国检察制度的一部分,在民事诉讼活动中发挥着重要的作用。中国近代意义上的民事诉讼检察监督制度始于清末,历经民国、新民主主义革命至新中国成立,道路漫长且艰辛。在这一漫长曲折的成长过程中,我国民事诉讼检察监督制度吸收了西方国家以及苏联的经验,并结合建国后我国独特的政治、经济因素进行了长期的探索与构建。从我国民事诉讼检察监督制度的现状来看,该制度自身存在着一些问题与缺陷,体现为监督范围不明确、监督手段缺乏操作性等问题,与我国全面推进法治国家建设的步伐不相适应。党的十八届四中全会明确提出了要加强对民事诉讼活动进行法律监督,体现了党对我国法治事业建设的高度重视,也从侧面反映出目前我国民事诉讼检察监督制度不够完善,监督效果还未完全彰显。因此,如何完善我国民事诉讼的检察监督,最大程度发挥监督效果就成了本文研究的核心内容。本文通过对近年来专家学者对我国民事诉讼检察监督制度研究成果的梳理,通过对我国《民事诉讼法》所修改的条款进行对比分析,发现我国现行的民事诉讼检察监督制度中存在的问题,通过对既有研究成果的借鉴以及对现存问题的独立思考,尝试提出该制度运行过程中存在问题的解决方法与完善路径。总体看来,我国民事诉讼检察监督制度的构建意义深远,应当通过对监督范围的合理界定以及对监督方式的不断完善来解决司法实践中出现的各种问题。同时应当注意协调好法检之间的关系,在保证法院依法独立行使审判权的同时,做好民事诉讼检察监督工作。
[Abstract]:The procuratorial supervision of civil litigation is a kind of supervision of the whole process of the procuratorial organ in our country, which aims at ensuring the justice and authority of the judicature, protecting the national, social and public interests and the legitimate rights and interests of the parties. As a part of Chinese procuratorial system, the procuratorial supervision system of civil litigation plays an important role in civil litigation. The procuratorial supervision system of civil litigation in the modern sense of China began in the late Qing Dynasty, after the Republic of China, the new democratic revolution to the founding of New China, the road is long and arduous. In this long and tortuous growth process, the procuratorial supervision system of civil litigation in our country absorbed the experience of western countries and Soviet Union, and combined with the unique political and economic factors of our country after the founding of the people's Republic of China, it carried on the long-term exploration and construction. Judging from the present situation of the procuratorial supervision system of civil litigation in our country, there are some problems and defects in the system itself, such as the unclear scope of supervision, the lack of operability of supervision means, and so on. It does not fit in with the pace of promoting the construction of a country ruled by law in an all-round way in our country. The fourth Plenary session of the 18th CPC Central Committee explicitly proposed to strengthen the legal supervision of civil litigation activities, which reflects the party's high attention to the construction of the cause of the rule of law in our country, and also reflects from the side that the current procuratorial and supervisory system of civil litigation in our country is not perfect enough. The effect of supervision has not been fully demonstrated. Therefore, how to improve the procuratorial supervision of civil litigation in our country and exert the supervision effect to the maximum extent has become the core content of this paper. By combing the research results of the procuratorial supervision system of our country's civil litigation in recent years by experts and scholars, this paper makes a comparative analysis of the articles amended by the Civil procedure Law of our country. This paper finds out the problems existing in the current procuratorial supervision system of civil litigation in our country. Through the reference of the existing research results and the independent thinking on the existing problems, this paper tries to put forward the solutions and the perfect ways of the problems existing in the operation of the system. In general, the construction of procuratorial supervision system in civil litigation in China is of far-reaching significance. We should solve all kinds of problems in judicial practice by reasonably defining the scope of supervision and perfecting the way of supervision. At the same time, we should pay attention to coordinate the relationship between the law and procuratorate, ensure the independent exercise of judicial power by the court according to law, and do a good job in the procuratorial supervision of civil litigation.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.1
[Abstract]:The procuratorial supervision of civil litigation is a kind of supervision of the whole process of the procuratorial organ in our country, which aims at ensuring the justice and authority of the judicature, protecting the national, social and public interests and the legitimate rights and interests of the parties. As a part of Chinese procuratorial system, the procuratorial supervision system of civil litigation plays an important role in civil litigation. The procuratorial supervision system of civil litigation in the modern sense of China began in the late Qing Dynasty, after the Republic of China, the new democratic revolution to the founding of New China, the road is long and arduous. In this long and tortuous growth process, the procuratorial supervision system of civil litigation in our country absorbed the experience of western countries and Soviet Union, and combined with the unique political and economic factors of our country after the founding of the people's Republic of China, it carried on the long-term exploration and construction. Judging from the present situation of the procuratorial supervision system of civil litigation in our country, there are some problems and defects in the system itself, such as the unclear scope of supervision, the lack of operability of supervision means, and so on. It does not fit in with the pace of promoting the construction of a country ruled by law in an all-round way in our country. The fourth Plenary session of the 18th CPC Central Committee explicitly proposed to strengthen the legal supervision of civil litigation activities, which reflects the party's high attention to the construction of the cause of the rule of law in our country, and also reflects from the side that the current procuratorial and supervisory system of civil litigation in our country is not perfect enough. The effect of supervision has not been fully demonstrated. Therefore, how to improve the procuratorial supervision of civil litigation in our country and exert the supervision effect to the maximum extent has become the core content of this paper. By combing the research results of the procuratorial supervision system of our country's civil litigation in recent years by experts and scholars, this paper makes a comparative analysis of the articles amended by the Civil procedure Law of our country. This paper finds out the problems existing in the current procuratorial supervision system of civil litigation in our country. Through the reference of the existing research results and the independent thinking on the existing problems, this paper tries to put forward the solutions and the perfect ways of the problems existing in the operation of the system. In general, the construction of procuratorial supervision system in civil litigation in China is of far-reaching significance. We should solve all kinds of problems in judicial practice by reasonably defining the scope of supervision and perfecting the way of supervision. At the same time, we should pay attention to coordinate the relationship between the law and procuratorate, ensure the independent exercise of judicial power by the court according to law, and do a good job in the procuratorial supervision of civil litigation.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.1
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