Prosecutors Construction Of Civil Public Prosecution System

In the current critical period of judicial reform, civil litigation depthstudy of the functions of the prosecution ’s theory, the basic theory andinstitutional strengthening of civil construction and operation mechanismof public prosecution, institutional research program designed to build asocialist legal system with Chinese characteristics, the implementation ofthe law the basic strategy of governing the country to provide favorabletheoretical support. In this paper, in order to improve the basic system ofcivil procedure, the interests of justice as the goal, at the conclusion onthe basis of existing research results, adhere to the proposed constructionof an innovative vision prosecutors Civil Public Prosecution System ofCivil Public Prosecution System ’s basic theory, operation mechanism andsystem designed to study a number of issues for deepening the reform ofthe legal system and promote the working mechanism of the CivilProcedure provide strong theoretical support. In addition to preface andconclusion of this article, but from the structure is divided into four parts:The first part introduces the basic theory of the prosecution of civilpublic prosecution system. Explore the basic theory of the prosecution ofcivil prosecution system, which provides theoretical support for theconstruction of this system is the primary starting point of this paper. Thefirst section of this part of the prosecutors from the basic concept of civilprosecution system, the system features to start on. The basic concept isbuilt around some of the major theorists in our country about theelaborate system of different points of view, and thus on the prosecutionof civil prosecution system properly defined. Section II is on theprosecution of civil prosecution system and the public interest litigationcomparison. This part of the model and the prosecution of civil publicprosecution in civil public interest litigation model comparison andanalysis demonstrate civil prosecution indictment mode compared to thesuperiority of the Public Interest Litigation mode.The second part, the prosecution of civil law countriesextraterritorial prosecution system of inspection and enlightenment. Anysystem characteristics are the product of history, a system should therefore study from an international perspective to examine the history isnecessary. To better understand the development status of theprosecution of civil prosecution system, features and direction must becivil prosecution under international public prosecution system in China,the history of the Comparative Perspective. This section is divided intothree sections, the first section is a civil law country extraterritorialprosecution system investigation, mainly on the common law of theUnited Kingdom, the United States; former Soviet Union, the SovietUnion and other socialist legal system; France, Germany and Japan civillaw State prosecutors in civil indictment of the system design andfunctions are introduced. Section for foreign civil prosecution systemsummarized, which explore the inspiration to build the system in order tomake a useful guideline for the construction of China’s procuratorialorgans of civil public prosecution system.The third part, to establish the significance of China’s procuratorialorgans and theoretical basis for civil public prosecution system. Thissection includes two aspects, the first is through the analysis of theintrinsic value of the prosecution of civil prosecution system,demonstrated the importance of this system has the built in our country.On this basis, combined with China’s judicial situation, local legalpractice environment, analysis and appraisal theory prosecutors buildcivil prosecution system in China, the argument supporting theprosecution theory to build a civil prosecution system in our country.The fourth part, prosecutors discussed a number of issues toestablish a civil prosecution system in China. This section is divided intoa total of fundamental principles of three sections, the first civilprosecution indictment, prosecutors analyze the basic principles of ourcivil prosecution system should have, which is the basic core of the spiritguiding ideology and system of operation of a system. Sectionprosecutors the legal status and rights and obligations in civil litigation inthe indictment, focuses on how to recognize the legal status of theprosecution filed a civil action to set when and how reasonable theprosecution in civil litigation rights and obligations of public prosecution,to ensure that prosecutors scientific authority of Civil Public ProsecutionSystem, reasonable build effective and smooth operation of the system.Determine the scope of the standard by the case prosecutors CivilProsecution Section, focuses on the prosecution of the Civil Prosecutioncase range of public prosecution and which cases are civil cases, that the prosecution case range is what the Civil Prosecution analysis of specificissues and.