Positive Research On Procuratorial Organs Support For Prosecution

The principle of supporting prosecution is a basic principle in China's civil litigation.From the legal system,this principle is the localization of social interventionism pursued by the former Soviet civil procedure law,which refers to that organs,organizations,enterprises and institutions may,in the event of damage to the civil rights of the state,collectives or individuals,support the injured collective or individual to the People's court,stipulated in Article 15 of the Civil Procedure Law.The procuratorial organ's support for prosecution refers to the procuratorial organ's support for the injured collective or individual to sue in court,with the aim of giving full play to the advantages of civil procuratorial power,helping vulnerable groups and protecting the public interest.In practice,the procuratorial organs have always been the most important subject in support of prosecution.However,due to the lack of systematic legislative basis,the procuratorial organs have insufficient legitimacy,and the methods as well as procedures of support are not uniform.The effectiveness of supervisory power is rarely reflected in the judgment.These have made it difficult for the procuratorate to support the prosecution work.However,in the face of increasingly complex modern litigation,the function of supporting prosecution for helping vulnerable groups and protecting the public interest has been increasingly prominent.In the face of the ongoing reform of the supervision system,the function of civil procuratorial power in the context of reform has been continuously strengthened,and the procuratorial organ's support for prosecution is facing the development opportunities of the times.The study of the system has practical significance.Specifically,the article consists of four chapters.The first chapter is an empirical analysis of the procuratorial organ's support for prosecution.The second chapter combs theoperational principle of the system from two aspects: legislative basis and theoretical basis.The third chapter examines the similar system outside the territory,that is,the Russian procuratorate institutes a litigation system to protect the interests of others and the French procuratorate participates in the civil litigation system,and extracts lessons from above systems to improve China's system of the procuratorial organ's support for prosecution.On the basis of the above-mentioned collation,analysis and comparison.The fourth chapter puts forward the legislative improvement path of the procuratorate's support for the prosecution system,including the criteria for reviewing the object of support,the status of the legal subject of the procuratorate's support for prosecution,and the specific ways in which the procuratorate supports prosecution.And the prosecutorial agency supports the prosecution of pre-litigation procedures.