《An Analysis of Civil Counterappeal cases of middle the procuratorial organs investigation and evidence collection exercise of the right the boundary of（分析民事抗诉案件中检察机关调查和证据收集行使的权利的边界）》由会员分享，可在线阅读，更多相关《An Analysis of Civil Counterappeal cases of middle the procuratorial organs investigation and evidence collection exercise of the right the boundary of（分析民事抗诉案件中检察机关调查和证据收集行使的权利的边界）（16页珍藏版）》请在金锄头文库上搜索。
1、1An Analysis of Civil Counterappeal cases of middle the procuratorial organs investigation and evidence collection exercise of the right the boundary ofThesis Abstract The Civil Counterappeal cases of middle the procuratorial organs presence or absence of investigation and evidence collection the ri
2、ght to, has been is the Civil Procedure Laws blank areas. Theory and practice have shown that given the prosecution of civil protest case investigation and evidence collection right to fulfill its function of legal supervision needs, has its own independent value. Long time, due legal regulations va
3、cancy, this power in practice the role of to play a unsatisfactory, so as to cause a of this powers itself value of the the negation of. Recently Civil Procedure Laws to modify once again mentioned that Peoples Congress Standing the agenda, that through this amending the law will procuratorial organ
4、s in the Civil Counterappeal in the investigation and evidence collection exercise of the right of the specific boundary to be clear time is ripe. 2Paper Keywords protest investigation right border Procuratorial authority for review Civil Counterappeal cases of Oclock owns a certain degree of invest
5、igation and evidence collection the right to yes its perform their statutory duties the inevitable requirement, the procuratorial organs whether the carry out effective investigation and evidence collection is to maintain counterappeal legitimacy and effectiveness of the the key to lies. Left the in
6、vestigation and evidence collection, civil and administrative procuratorial work it will to become right the Peoples Court the trial process is simple reviewed, difficult to achieve effectively protect the judicial justice purposes. Since the investigation right there is need for its existence, then
7、 in the end gives prosecutors much scope of investigation authority is reasonable, this Chinese Civil Procedure Law is not specified, the theoretical and practical circles view is also very inconsistent. 2001, Supreme Peoples Procuratorate formulated the Peoples Procuratorate civil and administrativ
8、e counterappeal cases of handling the case Rules (hereinafter referred to as handling the case regulation), the rule Article XVIII provides for 3procuratorial organs In handling Civil Counterappeal cases of As can be exercise the investigation and evidence collection the right of four kinds situatio
9、ns . Of this by the Judicial interpretation pairs of Prosecutorial Authority of Civil Counterappeal investigation and evidence collection the right to delineation of the border, although not rise to the legal level, but its in the counterappeal practice the positive significance of is obvious, estab
10、lished the of limited and norms investigation and evidence collection principle of, embodies the powers of prevention and control ofs self-awareness and limit the power of the rule of law in spirit of the. However, with the political environments vicissitude, trial systems reforming and perfecting t
11、he and rule of law process, speeding up, procuratorial organss of this judicial an interpretation would not to make a systemic lupuss to modify, unable to embodies judicial interpretation fresh and live flowing the nature of, resulting in procuratorial organss this authority in practice difficult to
12、 play its due role. I believe that it is necessary for the prosecution to re-sort the right to investigate and collect evidence and integration into the 4Civil Procedure Rules and Regulations level as soon as possible to accommodate the needs of judicial practice. One, the procuratorial explain the
13、middle investigation and evidence collection the right to the exercise of situations carding Handling rules Article XVIII of the prosecutors can investigate the evidence of four cases, including (a) parties or their agents for objective reasons unable to collect the main evidence, the Peoples Court
14、provides a trail of evidence, peoples court shall investigations have not conduct investigation and evidence collection of the; (two) the parties to provide evidence for mutually contradictory, the peoples court should be investigated and and evidence collection did not conduct investigation and evi
15、dence collections. author thinks this two already no existence unnecessary. Section (two) Xiang of the This provision is actually is our country civil trial facts Discovery Centre absolutized philosophy a concrete manifestation of. The traditional litigation system in order to objective and true as
16、a litigation the primary objective of, emphasizing the the judicial personnel recognize facts of the case capabilities and 5responsibilities of, and in the litigant the two sides the evidence provided by conflicting Oclock, requiring the judicial personnel in order to terms of reference investigate and collect evidence. Long time, we party, seeking truth from facts, the ideological route guidance forward to our countrys legal constructi
