Civil Prosecution Evidence In The Use Of Legal Practice

The tend of civil prosecution is one of the hot topics in procedure law these years. About the matter, writer always think that a nomocracy country must have complete law monitor system, while civil prosecution supervision have its own function .In our country's supervision system ,we can say there is not any other power which can take the place of prosecution supervision by now. But writer find in the research of civil prosecution that the civil prosecution does not exert its action, what's more it is faced with "survival difficult position". By exploring the reason, I think besides some misunderstanding of idea and theory, some rule defects of practice become the barrier of civil prosecution's favorable wage. In the procedure of civil remonstrative litigation, evidence institution plays an important role. Prosecution organ apply evidence during the whole course of civil prosecution, including examining the evidence, collecting the evidence and taking part in the court investigation appropriatly. Recognizing the peculiarity of civil prosecution evidence rule properly, locating its juristical position rationally and on these two bases constituting concrete regulations, the meaning is to give the guideline and law basis, furthermore, prosecution power attend the civil litigation being another public power, its applying evidence differs from litigator and court. How to distinguish the difference and make them cooperate with each other has importanttheoretic and realistic sense to the organic unity of evidence rule in remonstrative litigation and operating civil remonstrative litigation fairly efficiently and orderly.