Abstract:
The view on the core function of the civil procuratorial supervision is controversial. The relationship between various functions is not clarified. The different pursuits of institutional users can easily lead to functional alienation. After the modification of the civil procedure law, the core function of the civil procuratorial supervision is still legal supervision, not right remedy. In the case of supervision and the need for supervision, right remedy is a natural extension of legal supervision, so due attention should be paid to the supplementary function of right remedy. The social functions of the civil procuratorial supervision mainly include enhancing the sense of judicial justice, relieving social contradictions, upholding judicial credibility and judicial authority, constructing the rule of law, etc. Under the background of social transformation, the civil procuratorial supervision needs to pay attention to legal and social functions at the same time. It is important to pay more attention to social functions as well as legal function, pay attention to the paths and methods for realizing social functions, and avoid functional alienation caused by excessive pursuit of non-core functions.