Research On The Formulation Of Pro-prosecution System Of Our Procuratorial Organs

Pro-prosecution policy is one of the basic systems in China's Law of Civil Procedures. Pro-prosecution of procuratorial organ is the main form in the practice of pro-prosecution policy. Pro-prosecution of procuratorial organs is the prosecution against acts that impair the interests of the state, collectives or individuals. In this context, the procuratorial organs support the units or individuals whose interests are damaged to institute proceedings to the people's court. Pro-prosecution of procuratorial organs is required in the protection of state and public interests, is good for the protection of the right of action of the vulnerable group and of great significance in the improvement of procuratorial organs'procuratorial functions and promotion of legal construction.Pro-prosecution of procuratorial organs of China is well legally grounded. The pro-prosecution system stipulated in Article 15 in Law of Civil Procedures states that, as the legally authorized legal supervision organ, procuratorial organs can support the prosecution made by the persons aggrieved, which is its responsibility and is in accordance with the pro-prosecution system and legally grounded. Up to now, many pro-prosecution cases have been successfully handled by procuratorial organs in China and some practical experiences have been gained. At present, vigorous efforts are given to the self-development of procuratorial organs and improvement of procuratorial function, which provides practical basis to the establishment of pro-prosecution system in procuratorial organs.Pro-prosecution of procuratiorial organs should fully respect the will of the persons concerned and abide by the principle of autonomy of will during the whole procedure. Protection of the public interests is one of the major and important objectives of the pro-prosecution system of procuratorial organs. The principle of limited intervention and infinite relief efforts shall be strictly adhered to in the handling of private interest cases. Principle of free of charge shall be abided by in the handling of pro-prosecution cases, procuratorial organs shall not charge any persons concerned. Pro-prosecution system of procuratorial organs is applied to cases in which national interests, public interests, or disadvantaged group's interests are harmed. The prerequisite of the application of the system is that impair to the persons concerned is concrete and the persons concerned are incapable to institute proceedings independently. If it is the case for individual benefit, these are only within the discretionary responsibility scope of procuratorial organs, and at this time, these individuals must make the application if they want to get the support from procuratorial organs. For the cases in which national interests and public interests are impaired, the procuratorial organs are obliged to support proceedings, despite the absence of applications. For individual cases which require applications, the persons concerned or their attorney have to make an application to the local procuratorate on the same level of the local court with jurisdiction in written or oral form. The procuratorate have to examine formality requirements and material elements of the application. The way of pro-prosecution can be legal aid, material assistance and moral encouragement.Investigation, evidence collection and reconciliation are critical in the pre-stage of pro-prosecution system of procuratorial organs. For influencial cases involving national and public interests, the procuratorial organs are entitled to investigate and collect evidence. For cases involving individual interests only, the procuratorial organs should provide the persons concerned with guiding proposals and the written form of application of investigation and evidence collection. The procuratorial organs, as the supporter of the suitor, are in favor of the persons concerned and should provide possible assistance in supporting proceedings. The procuratorial organs are entitled to express support for prosecution, to attend the court hearing, and to participate in mediation. The procuratorial organs are also obliged to correct their own mistakes in pro-prosecution activity. If the courts make mistakes in verdicts in the cases involving the pro-prosecution system, the procuratorial organs are entitled to initiate procedures for trial supervision.