On The Protection For The Civil Right Of Prosecution

Fundamentally, ensuring civil right of prosecution is decided by the economic growth conditions of our country and the objective need of ensuring interested party's main procedure position. Also it is accorded with the basic purpose of people's court---judiciary is for people. In modern society, civil parties enjoy all kinds of rights. When these rights are infringed upon or in question with some body which can't be protected and remedied in time justly, the establishment of these rights is in vain and could not be called right. Prosecution is the first procedure for citizen to solve civil dispute. The aim of prosecution is to start the litigation procedure and let citizen's legal right be protected by jurisdiction protection by court. Owing to Judicial passivity and the principle of "no charge, no lawsuit", the parties' right to institute an action has a determining effect on the beginning of the civil proceeding. Disregarding how precisely lawsuit procedure makes, if the interested party has no way to exercise right of prosecution effectively, they can only linger at the judicial entrance door after all, and their reasonable civil rights can't get the very good guarantee. Lawsuit right is premise and base of the court's judgment, so long as prosecution exercising condition exists, the dispute can be under the jurisdiction of the court. Although civil procedure law stipulates conditions of prosecution and acceptation cases on file in court, it is too principle and not concrete, and it is not benefit for practical operation and also unreasonable. Problem of "Hard to prosecution" makes legal right of litigants hard to be protected by law.In contrast, the western countries do well in protection for the civil right prosecution. Both in Common-Law countries and in Roman-Law countries, the parties can lodge a complaint about most of the civil disputes. The law doesn't restrict materially to the parties' prosecution, we can called that these countries carry out the system of procedure-launching and litigant interest-examining. All of this makes the plaintiffs' civil right prosecution be protected effectively. Considering the significance of lawsuit right to civil parties and the problems of our country's ensuring of civil right of prosecution, the author decides to study this problem, in order to bring specific measures about protection for the civil right of prosecution.The article includes four parts. The first chapter sets forth the fundamental theory of the civil right of prosecution, concretely introducing the concept, character, function and theoretical basis of protection for the civil right of prosecution. The second chapter analyses the problems of protection for civil right prosecution in our country, concretely including current range of the feasible lawsuit, Court's setup, the system for registering and their restraint to civil right of prosecution. The third chapter is legislation examination abroad to civil right of prosecution guarantee. The fourth chapter is the focus of the thesis. On the basis of analyzing the problems of protection for civil right prosecution in our country, combining abroad legislation experience, we bring forward relevance measures of protection for the right of prosecution.The article adopts the following methods: First, economic method. We compared the cost that right of prosecution ensures with the loss being involved in a lawsuit appealing to the higher authorities for help being brought to interested party and the country, and brought forward the necessity of ensuring civil right of prosecution in our country. Second, comparative-law research method. We have compared civil right of prosecution guarantee in our country and the other main countries of the world, analyzed the experience of overseas legislation. Third, demonstration analysis method. Through the analysis to large amount of cases in actual judicial practice, we bring forward the realistic demand of civil right of prosecution guarantee in civil lawsuit.