The Research On Investigation And Evidence Collection Power Which In Civil Protest Of Procuratorial Organs

Investigation and evidence collection activities of the prosecution in the civil protest ofwork that is proved effective referee legal or not, activities are the procuratorial organs tofulfill the function of legal supervision necessary safeguards to prevent the abuse of judicialpower.The Standing Committee of the National People’s Congress revise the Code of CivilProcedure Act establishes the system in August31,2012, but the provision of the comparisonprinciple the bicameral judicial interpretation of the law review their own ways, and evenconflicting. Many provinces and cities in the civil and administrative prosecution servicedeveloped different practices for civil prosecution investigation and evidence collection rights,combined with theoretical circles on the concept of the right to investigate and collectevidence of procuratorial organs in the work of civil protest, the nature, scope, evidence ofeffectiveness, as well as system abolition of all there is a different understanding, leading tocivil prosecution practice in prosecutorial personnel in the abuse of the right to investigate andcollect evidence of excessive interference in private rights, the procuratorial organs delay ininvestigation and evidence so that the court erred referee grave injustice was not corrected,both houses of the law review effectiveness procuratorial authorities to obtain evidence fromthe occurrence of phenomena such as the conflicts.In this thesis, in the investigations and studies basis of Kunming the procuratorial organscivil procuratorial practice, combine with their own experience in civil and administrativeprosecution work, the relevant question for the preliminary research and discussion. Thethesis overview section first have to clarify the work of civil protest the prosecution’sinvestigation forensics right concept, nature, and then briefly introduced the idea of the rightto investigate and collect evidence of procuratorial organs in the work of China’s civil protestand institutional origins. The civil protest in the study procuratorial organs of investigationand evidence collection rights legislative status and the basis of the actual operation ofKunming, the author combed the existing problems, mainly reflected in the absence oflegislation and practice confusion. After that, the article leads theorists on the right toinvestigate and collect evidence of procuratorial organs in the work of civil protestcontroversy, on the basis of a critical analysis of these views, the author propose giving civilprotest the prosecution’s investigation and evidence collection rights is necessary but it shouldbe a reasonable regulatory point of view. Finally, the author from the respect of civil litigation supervision law and meet the needs of the judicial practice angle, and put forwards legislativeproposals on constructing and perfecting the civil protest of work with investigation andevidence collection right procuratorial organs.