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Process in civil proceedings, there are a large number of implementation by the courts on the effect that causes the behavior of certain procedural, that the Court proceedings. However, not all of these acts in line with the provisions of procedural law. Judicial practice, court proceedings for breach of procedural requirements and a few of the defects situations, greatly influenced the referee’s fairness and efficiency, and other interested parties harmed the legitimate rights and interests, even if some defect is little risk to the parties or no harm interests, also beneath the seriousness of the referee and normative, easily gives rise to the court questioned the fairness of the trial. Therefore, defects to the Court proceedings is extremely necessary and urgent relief. However, the Court of legal assistance by defect litigation is not clear, theorists study the subject for the lack of good can be said. As a legal oversight, the prosecution bears to the Court proceedings to remedy defects, which preserve the legitimate rights and interests. However, the law is not clear and the related system is imperfect, prosecutors often face no legal basis for relief defects no embarrassing situation, complaints of the parties resulting from lack of access to support, because of defects Court proceedings can not result in loss of rights to make up through legal channels. To this end, the paper work related to access to domestic and foreign scholars, papers and other information, investigation prosecutors in Hangzhou from 2005 to 2008 for defects Court proceedings involving the circumstances of the case, of the Court proceedings and the flawed concept, classification, hazard and the need for relief, reflect the flaws of the Court proceedings the relief situation, problems and causes, analyzed to establish the appropriate theoretical basis for the relief system, and by way of prosecutorial supervision feasibility of building relief system, and try to expand the relief, relief clear standards, norms relief program, give it more power, etc., to the Court proceedings were defective relief system design and construction. This paper argues that the mode of supervision to the Crown Court proceedings for relief defects, has a legal basis and realistic basis, and external public power as a relief, compared with self-relief the court, the parties and other means of relief, a considerable advantage, therefore, to gradually strengthen the supervision of the prosecution of relief functions of the Crown, the scientific construction defect litigation of court relief system, and in practice, constantly improved and perfected. The purpose of this paper is to initiate a way cause theory and practice of community on this issue, concern and further attention by legislators, civil law changes for the future, and the current ongoing reforms in civil prosecutions for reference.
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