In China,as the social superstructure,law systems have been experiencing a significant reformation with the development and perfection of the socialist market economy.So are the procedural law systems. Reformation derives from need which arises from real life.The problems such as difficulty of framing litigation,constant replication by the Supreme People's Court about specific case registration,almost exclusive to our country,are exposed by our prosecution systems in practice,and then serve as aspiration to reforming and perfecting the concerned systems.This paper clarifies concepts,refers to the prosecution system of other concerned countries and regions,analyzes the prosecution system of China, and then comes up with the solution by method of comparison and history and so on.In consideration with length of this paper and clear thought the prosecuion is a narrow concept.So counterclaims,participation claims and group litigation are not included in the concept.Understanding the relationship between generals and specials,a narrow concept can't affect the value of the research.It's just like scientific research conclusion from experiment in ideal state applying to real life.This paper includes four main parts.The first chapter starts from the concept of prosecution,analyze the relationship of the right of framing litigation,actio and the right of access to justice.Then,as a fundamental,it gives a introduction to the condition and effect of prosecution.The second chapter starts from a introduction to typical prosecution systems of countries common law system and Rome law system,then gives some comments and analysis on each special background in order to consider the solution to the problem in the systems and practice of China.The third chapter begins with a introduction to the prosecution system of China,then analyze the problems arising from the practice,conclude the cause of this situation and lay a basis for constitute a more perfect framing litigation system in the next part. The fourth chapter concludes that the current prosecution system of China is a product of ex officio pattern corresponding to the planed economic system of China.It doesn't reflect the rules of litigation and isn't suitable to the current situation of China.So the solution lies in reforming, not in repairing.First,it needs a novel idea which is in accord with the rule of litigation and the idea of protecting human rights,lower conditions of framing litigation intended to inform each party because this system can't afford to forbid malicious lawsuit.Then it should set out the effect of prosecution,especially litigation dependency,which involves content in criminal law and civil law.Next,turn the examining-registering bureau to registration bureau and substitute registration clerk for the registration judge.In fact,such a new prosecution system needs some corresponding changes in concerned systems,such as scientific pre-trial system. |