On Improvement Of Sustain Prosecution System In Civil Action Of China

Chinese Civil Procedure Law provides Sustain Prosecution system intended toprotect the rights of the parties litigation, safeguard national interests and socialwelfare, the pursuit of social justice, civil litigation system successfully achieve themission objectives. However, due to the presence of the specific content of the designof the system is unclear and confusing judicial practice, academia, the system alsogenerates the abolition of controversy, so that the system has been difficult todevelop, and gradually set aside a corner of the reform process in a civil action.This article first clarifies the theoretical basis to sound the prosecution system,summarize and compare the value of the prosecution system to support the existenceof the other system, the necessity of the existence of this prosecution system statingsupport. And through support for the current operating conditions of the prosecutionsystem analysis, the lack of institutional support for the prosecution in the subject,scope and methods of support. And the basic principles of civil procedure and othersanctions in principle, the principle of equality as the basis for improvement of thesystem is proposed to support the prosecution to prosecute sound system fromsupporting the proposal to support the development of the prosecution system canprovide a reference.This paper consists of four chaptersThe first chapter is to support the prosecution system concepts and theoreticalbasis. Mainly on the basic concepts to support the prosecution system, elements,forming conditions, as well as to support the prosecution system based on threetheories: the theory of state intervention, the public trust doctrine, the right tojudicial relief requested. Academic support system by the prosecution controversynarrative justification to repeal said: alternative through social intervention to supportthe prosecution has the moral nature, public interest litigation system to support theprosecution of absorption.The second chapter is to support the prosecution system in existence value. Onthe institutional level and through the legal aid system, and urge prosecution system,public interest litigation comparison shows the value of the prosecution systemsupport at the institutional level; prosecution system and discusses support formaintaining the interests of vulnerable groups, the value of the public interest,highlighting support the necessity of the existence of prosecution rebuttal abandonedsaid.The third chapter is to support the status quo and the lack of prosecution systemis running. Deficiencies in the operation of the system design and procedures for theintroduction of operating procedures to support the prosecution system; combinedwith the judicial practice in the main support for the prosecution put forward nospecific definition of deficiencies, fuzzy case, to support the rights and obligations ofthe way is not clear and so on.The fourth chapter is perfect to support the prosecution regime. Determined tosupport the prosecution on the basis of sound: Stick to the principle of punishment,the principle of equality and support the prosecution of convenience. These three basic as the key link from the main support for the prosecution, the case, to supportthree ways to improve the system of support for the prosecution, the prosecutionclearly supports the body ’s position, rights and obligations; division supported rangeprosecution case; determined to support the prosecution of support based approach tolegal aid, financial assistance, supplemented by other means; Friends of the systemreference curiae submissions put forward to support the prosecution and theprosecution decided to support the book; learn from the British public legal servicesystem enhancements to support the prosecution system interface with other systems,and enhance the parties choose the way to resolve disputes, making prosecutionsystem can support more convenient, closer to the party.