民事诉中监督应处理好三对关系.docVIP

民事诉中监督应处理好三对关系 　　Abstract ： The research on the supervision of the process of civil lawsuit is a kind of direction which is put forward and taken into consideration in order to adapt the theory and practice. Straighten out the relations among such principles of the supervision of the process of civil lawsuit、the trial independence and the right of disposition and so forth， and the key is to establish a kind of idea that the original intention of the supervision of the process of civil lawsuit is rectify various factors which influence orderly judgment process or correct judgment results， but also can build a kind of good atmosphere. 　　Key words ： Three Relationships，Civil Lawsuit Supervision，the Process of Lawsuit 　　The supervision of the process of civil lawsuit will be introduced in the judicial practice， and it not only avoids the adverse consequences that result from the lasting wrong and embarrassing appeared by mistakes without supervision， but also can significantly reduce start frequency of the second instance and the retrial and so forth， reduce the cost， save the judicial resources. In the period of the judicial system research， we strive to explore the way which not only takes into account both supervision effect and the supervision strength， but also pays attention to enhance the enthusiasm of supervision， and grasps the appropriateness of supervision. From preliminary opinion， the research and trial of the supervision of the process of civil lawsuit can be regarded as a good theoretical exploration， and also can be regarded as a new practical measure. To be frank， three relationships should be well treated in the supervision of the process of civil lawsuit. 　　1.The relationship between the supervision of the process of civil lawsuit and civil prosecutorial supervision 　　We think， from the original idea or state， the civil prosecutorial supervision should include the supervision before lawsuit、the supervision of the process of lawsuit and after that. O