Research On The Stytem Of Supporting Prosecution Of Procuratorial Organs

Support for prosecution as a basic principle is clearly stipulated in my country’s civil procedure law.However,due to the lack of a clear and specific system design for the prosecution support system,and it has hardly been used in judicial practice,for a period of time,academic circles have raised a lot of doubts about support prosecution.However,in recent years,support for prosecution has been used more and more in judicial practice,especially the number of cases supported by prosecution by procuratorial organs.Nowadays,local procuratorial organs are also actively carrying out the practice of supporting prosecution.However,because the current law has general provisions on supporting prosecution,but no specific and operable provisions on the prosecution support system of procuratorial organs,this makes it difficult for procuratorial organs to support prosecution work.Therefore,it is necessary to conduct a deeper research on the prosecution support system of procuratorial organs.This article attempts to focus on the scope of civil litigation,discuss the basic theoretical and practical aspects of the prosecution support system of procuratorial organs,and provide some suggestions for improving the prosecution support system of our country based on the shortcomings of the summary.This article is divided into four parts:The first part is about the basic theory of the prosecution system supported by procuratorial organs.First,it introduces the source and connotation of supporting prosecution,as well as the concept of procuratorial organs supporting prosecution and the principles that procuratorial organs should follow in supporting prosecution.Finally,it discusses the legal basis and rationale for supporting prosecution system by procuratorial organs.Significance.The second part is the status quo of the prosecution system supported by procuratorial organs in our country,including discussing the status quo of legislation supporting the prosecution system by procuratorial organs in our country,and then collecting cases in practice to understand the status quo of prosecution cases supported by procuratorial organs in practice.The third part is to summarize the shortcomings of the prosecution support system of our country’s prosecution.This article believes that the procuratorial agency’s role in supporting the prosecution system is not clear,the scope of the case,the support methods adopted are not unified,and the connection with related procedures is not smooth.The fourth part is the suggestion to improve the prosecution support system of our country’s procuratorial organs.It is recommended to start from four aspects.First,the role and positioning of the prosecution agency in supporting the prosecution must be clarified.Second,the scope of my country’s procuratorial agency for accepting and reviewing cases must be unified,and the scope of supporting prosecution cases and the acceptance conditions must be clarified.It is necessary to clarify the way the procuratorial organ supports the prosecution,and discuss the ways of supporting the prosecution from participating in mediation,supporting the writing of the indictment,and participating in court trials.The fourth aspect is to explore the connection between the prosecution support system and the second instance procedure in civil litigation,the retrial procedure,and the execution procedure.