Interest Litigation Research

Filing civil process is a very important function of procuratorial organ. This system should be constructed in our civil procedure law and other relating law, according to actual condition of our country. Case scope filed by procuratorial organ cannot too wide. In other word, chiefly involves three aspects. Because of these cases' extraordinary compared with general litigation procedure, their litigation procedure should have some distinctions. When designing this litigation procedure, we should pay more attention to application of court's authority and no-contentions jurisprudence. In civil law countries, civil procedure occupies the same central position in procedural law that the civil law occupies within subsw.Tit.ive law. The basic source of law in this judicial proceedings must be public and that, in principle, the control of the allegations and proof belongs to the parties. This principle, however, tends to be tempered in practice by the civil law judge's extensive power to supervise and exercise initiative in the proceedings as well as by the role that the public prosecutor can play in private actions.In a typical civil action, after the pleadings are filed, a period of evidence taking begins. From the outset, several differences from common law civil procedure appear. These differences can be summed up by noting that on the one hand, there is no real counterpart to our pre-trial discovery and motion practice, while on the other hand there is no genuine "trial" in our sense of a single culminating event. Rather, a civil law action is a continuing series of meetings, hearings, and written communications during which evidence is introduced, testimony is taken, and motions are made and decided. During this process, the judge plays an active role in questioning witnesses, and in farming or reformulating the issues. Although the questioning is typically done by the judge, thequestion are often submitted by the parties' counsel who sometimes are, permitted to question a witness directly. As the action proceeds, the judge may inject new theories, and new legal and factual issues, thus reducing the disadvantage of the party with the competent lawyer. In addition, the court may obtain certain types of evidence, such a expert opinions, on its own motion. There are no requirements that documents by formally admitted into evidence, nor are there any rules against hearsay and opinion evidence. Rather, the parties informally introduce documents after providing the other side with notice and an opportunity to inspect. The weight to be accorded the evidence is for the free evaluation of the court.