Research On The Legal Status Of Procuratorial Organs

As part of the power to legal supervision, civil procuratorial power has always been relatively weak, which can be seen from the provisions of the Civil Procedure Law. It has great theoretical and practical significance that discuss the existence basis of civil prosecutorial power to improve the functions and regulate the legal status of the prosecutorial organ in the civil procedure ,when China's reform of the judicial system had results today. On the one hand, the appeal will of the procuratorial organ in civil proceeding will help supervise the impartial exercise of jurisdiction, and ensure a just outcome of the legal proceedings; on the other hand, the procuratorial organ that involved in a civil suit in an appropriate manner can protect national,collective and personal interests, and secure the right of parties in the civil proceedings to realize. This paper attempts to orientate the legal status of the procuratorial organ in the both functions which have been disserted, to regulate the procedures of the organ acting the civil procuratorial functions, in order to improve the civil procuratorial functions . Starting with basic principles of civil litigation and from the legislation, the article attempts to observe and analyze operation mode and operating principles of China's procuratorial power in the civil proceedings through the study of history,comparative studies, empirical analysis methods. Starting with basic principles of civil litigation and from the legislation, the article attempts to observe and analyze operation mode and operating principles of China's procuratorial power in the civil proceedings through the study of history,comparative studies, empirical analysis methods. On the basis of these analysis in the observations ,it claims the legal status of the procuratorial organ in the exercise of oversight functions.It has a strong legislative basis that procuratorate participate in civil action, which our constitution and civil procedure law have regulated. It is not only lawful, but also the nature of the procuratorial power demand, in line with the basic tenets of the civil proceedings, which the procuratorial organ involved in civil litigation. In China's legislative provisions, the Crown functions mainly presented as civil appeal, but such legislation can not meet the requirements of Practice on the needs of judicial practice which has enriched the legal supervision of the operation, including instituted civil proceedings, civil protest and civil prosecution recommendations . Three functions are divided into non-litigation functions and litigation functions based on the relations between the prosecution authorities and the subject of litigation . From the prosecution supervision mode, the functions of the proceedings is consistent with the supervision mode that our Constitution provided, is the important ways of the procuratorate exerciseing legal supervision. prosecution and civil litigation functions is litigation function, the legal status of functions of procuratorate in civil action in means the prosecution and civil lawsuits filed in protest of the legal status. The legal status in the litigation filing and civil protest is that the legal status of the procuratorial organs in the specific participating action form of a detailed analysis, from the constraints of civil basic elements on this basis, in order to improve their legal status corresponding rights and obligations, to further play the procuratorate legal supervisory role.