Research On The Fundamental Theory Of Urging Prosecution

Urging prosecution is a useful exploration in recent years, in order to safeguard the national and social public interests.It is the innovation of the Civil and Administrative Procuratorial work. It refers to when state-owned assets or public interests have suffered damage, and the regulatory authorities do not exercise or delay exercise of their supervisory duties, Procuratorates as a supervisor, urge the relevant regulatory authorities to fulfill their duties.If the case can initiate legal proceedings to obtain judicial relief, Procuratorates can urge the relevant regulatory authorities to initiate it.However, urging prosecution is a creative work and lack the clear legal basis support. Its legality and rationality is questioned by the theoretical and practical circles. Whether or not this institution can be legalized has yet to be further research. This paper combined with the legal basis of existing theory and viewpoint of urging prosecution, analyzed the legal nature and basis of the legal supervision of procuratorial power attritutesurging prosecution. Finally it is obtained that the nature of the supervision of Procuratorates is the supervision of the public power. Urge Prosecution is based on the legal supervision of Procuratorates. Therefore, urging prosecution should be focus on and orientation in the public power supervision Particularly,urge prosecution is based on the case that the regulatory authorities do not exercise or delayed exercise of their supervisory duties.and this is the object and scope of urge prosecution.