On the Alienation and Relief of the Prosecutorial Supervision Function in Civil Retrial
In practice,the procuratorial supervision of civil retrial cases follows a"non-intervention unless petitioned"model,effectively functioning as a"fourth instance"of the judicial process.This model of retrial supervision is characterized by a procedural design that prioritizes court error correction before procuratorial supervision.However,in practice,civil retrial has deviated from the constitutional positioning of the legal supervisory organ,exhibiting a trend of functional alienation.The ambiguity of legal norms and the legislative style's focus on relief rights are the main factors contributing to the alienation of procuratorial supervision functions in civil retrial.To fundamentally correct the manifestations of functional alienation,it is necessary to reform the procuratorial supervision system for civil retrial.Introducing modern supervision concepts,distinguishing between grounds for applying for retrial and grounds for supervision,and distinguishing between the grounds for procuratorial suggestions for retrial and grounds for civil protests are effective solutions to alleviate the alienation of procuratorial supervision functions in civil retrial.
Procuratorial Supervision of Civil RetrialFunctional AlienationSupervision Concept
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