Civil Protest Procedure Of The Prosecution Investigation Power

Civil Protest the prosecution an important way for inspection and supervision, the latest "Code of Civil Procedure," added a number of changes to the conditions of civil protest, we can see legislation on the importance of civil protest, but legal practice, has not received its Civil Protest the desired effect, the reason, one of which is the safeguards of civil protest is not perfect. Evidence of the prosecution's investigation of civil protest the prosecution to achieve the necessary means to achieve the necessary inspection and supervision is guaranteed. However, the current "Code of Civil Procedure," the right to investigate and collect evidence for prosecution provisions are still blank, in practice the right of prosecutors to exercise the legal basis for investigation and evidence collection for the September 30, 2001 Supreme People's Procuratorate promulgated the "People's Procuratorate in civil cases, administrative protest handling rules "(hereinafter referred to as" handling rules"). But "handling rules" the right to investigate and collect evidence for prosecution to the principles and provisions are too simple, in practice the prosecution of "handling rules" no regulations or provisions of unknown contents, often according to their own understanding of the investigation and evidence collection, which makes the prosecution's investigation evidence in judicial practice in various forms, the more confusion. And around the court, "handling rules" the force of law in doubt, some courts that "handling rules" to the prosecution of legal norms within the system, does not have universal validity, can not restrain conduct of the trial court, pursuant to the rules given the prosecution has not recognized the right of investigation, prosecution based on "handling rules" of investigation activities conducted there are a considerable degree of resistance. Crude and low-level legislative norms makes the prosecution investigation and evidence collection difficulties in judicial practice. Theorists on the right of prosecutors investigating whether the evidence, the means of investigation and evidence collection, there are different understandings of the scope, there are three main points: negative theory, strengthen the said limit, said. Evidence to prove the prosecution's investigation of whether illegal entry into force of an important means to judge, the prosecution to discharge the functions of prosecutorial supervision necessary prerequisite is an important safeguard against abuse of power, the current situation, to further explore and improve the prosecution process in civil protest Investigation Power is necessary.Firstly, evidence from the prosecution's investigation of the concept of nature to proceed, then the concept and related discrimination, begins to get people the right to investigate and collect evidence for the prosecution have a clear understanding. Explained then analyzes the relevant provisions of the lack of prosecution and deficiencies and the resulting investigation and evidence collection caused many problems in practice. In this paper, the right to investigate and collect evidence of academic analysis and demonstration of multiple perspectives, said that the limit is more reasonable. In this paper, the right to investigate and obtain evidence the prosecution must exist on the basis of necessity and reasonableness of proposed prosecution investigation and evidence collection to build the basic idea right and the specific legislative programs.