Support The Prosecution Principle Research

The principle of supporting prosecution is an important principle in Civil Procedural Law of People’s Republic of China. Its legal origins can be traced back in article13of the Civil Procedure Law (try out) in1982. It was formally set in article15of the Civil Procedure Law in1991and amended in2007.This principle in civil activities is often on the shelf or just a mere formality and does not play its proper role because of some problems in legislation and lack of concrete procedure in twenty years of legal practice. But in order to prevent the interests of the state, the public interest from unlawful infringement and the social morals from destruction and avoid some people and social organizations’and public interests being violated but do not know and dare to bring actions in the court and call in vain for help,The people’s procuratorates and some social groups fully apply the article15of the civil procedure law to support victims to bring an action in a people’s court and help the victims in the process of the action so as to prevent state-owned assets from loss or help the victims get damages or due compensation.In the judicial practice, the people’s procuratorates have conducted a series of pilot work and played a positive role, and the application of the principle of supporting prosecution is very effective especially in the cases about environmental protection and territory resources since2000when the regulations "About improved procuratorial functions, protection of the state-owned assets notice (discussion)" put forward that the people’s procuratorates should support prosecution and make concrete operating rules.The cases for the women’s federation, consumer’s association and other community organizations supporting the prosecution also increased and these cases also played corresponding effect in society. In addition, the cases about the social benefits for the public welfare brought by individual also sprung up, which produced a huge role in perfecting the system of the litigation in china.It is obvious that the principle of supporting prosecution makes great significance for the realization of the purpose of the civil lawsuit. Firstly, it provides theory basis for reasonable intervention of society; Second, it can help to realize the essence of social justice. Thirdly, it can protect social public interests and promote the sustainable and harmonious development of economic. So studying the supporting prosecution principle is full of practical significance.