On The Objective Obligation Of Public Prosecutor In Civil Litigation

Objective obligation of prosecutors in civil litigation is that the prosecutor should beloyal to law, stand on the objective position, and be based on fact, take law as the criterion,correctly fulfill the right to legal supervision, and pursue legal justice in the civil litigationactivities. It is born with the legal supervision, accompanied with the legal supervision, andcan prevent the abuse of legal supervision. In this article, for a more in-depth look at the civilprosecutorial system and prosecutorial power, a new view is provided to demonstrate that it isvalid that the power of legal supervision in civil litigation is increasing, the view to look at thecivil prosecutorial system and prosecutorial power from the objective obligation aspect. Thispaper firstly clarifies the connotation of the prosecutor objective obligation in civil procedure,traces the history and the development of the prosecutor objective obligation in civil litigation,to explore legal basis of prosecutor objective obligation in civil litigation. In this paper I thenexplore objective obligation reflecting in the civil procedure law, reveal the problems of itexisting in the legislation and practice, and finally give solution aiming at these problems,build a concrete system in the prosecutors’ objective obligations in system level, as to form asystem in order.Therefore, this thesis is divided into five parts and contains a total of more thantwenty-four thousand words.The first part is basic connotation and historical evolution of the prosecutors objectiveobligations. There are three aspects as following. Firstly by exploring the connotation ofobjective obligations of prosecutors in civil litigation, finally it is concluded that prosecutorsobjective obligation in civil procedure is prosecutors with objective prosecutor independentlegal status, loyal to law, and with the pursuit of legal justice.Secondly, on historicalintroduction, objective obligation as a prosecutor in Germany, Japan and our country areintroduced separately about its inception, development. Then, mainly about the developmentof prosecutor objective obligation in civil procedure, it is made clear that how the prosecutorobjective obligation develops in civil litigation.The second part is mainly to explore the legal basis of prosecutor objective obligation inthe civil litigation. There are three aspects as following. Firstly, to find root from the law, thispaper studies determination of legal supervision of procurator ate in the constitution, the civil procedure law. Secondly, objective obligations and legal supervision closely relates intogether, and natural logic connection of the unity of opposites between them is discovered.Thirdly, this paper finds the legal basis for prosecutors’ objective obligation from the status ofprosecutors in civil litigation. Then this paper finds that the litigation status is independentand objective, which makes it legitimate to establish prosecutors’ objective obligations in thecivil litigation.The third part is mainly on the prosecutors’ objective obligation reflecting in the currentcivil procedure law. Although prosecutors objective obligation in the civil procedure law andits judicial interpretation has no clear stipulation, but it is implied in the civil procedure law,basic principles, tasks and civil public interest litigation and civil procedure for trialsupervision, civil enforcement procedure. We will discover the prosecutor objective obligationhiding in various provisions of the civil procedure law, to attract the attention of theprosecutor in the mission.The fourth part is used to reveal the problems about prosecutors’ objective obligation incivil litigation. These two problems, the legislation and practice problems are discovered andshowed in the list, to intuitively reflect the problem. The one aspect is on the problemsexisting in the legislation. Firstly, the objective obligation of prosecutors in current civilprocedure law is an implicit principle so it is lack of guiding force.Secondly, rules for theimplementation of the objective obligation are not provided in pre-trial procedure and trialprocedure in the current civil procedure law. In terms of power to ensure in the current civilprocedure law, the right to inquiry and the right to correct are not provided. These problemsshould be given the preliminary solution on the legislation. Another is that the problemsexisting in the practice. Firstly, informative and real civil case is provided for study. Secondly,in the case the prosecutor objective obligation is excavated, so we can see how it will bepracticed step by step, and how the prosecutor objective obligation is excised in theprosecutor specific actions. Finally, with the question consciousness, looking for problemsabout the prosecutors’ objective obligation in civil practice in this case, I put forward thesolution of the extension of the legal supervision and prosecutors objective obligations to thefirst instance and second instance procedure.The fifth part is the core part, and also is the essence of this paper. On the basis ofanalysis to solve the problem in the fourth part, the system about the prosecutor objectiveobligation in civil litigation is built in this section. Firstly, from the angle of the basic principles, on condition that prosecutors’ objective obligation principle is not expressed, theprinciple of good faith and prosecutors’ civil litigation supervision principle in civil procedurelaw play the role of macro guidance, and there is expectation to the beneficial effect afterclear stipulation of prosecutors’ objective obligation. Secondly, the system about theprosecutor objective obligation in civil litigation is built from these five aspects, the supportfor prosecution, mention to a public interest litigation, adding the trial supervision in the firsttrial and second trial, retrial supervision and civil execution supervision. Thirdly, it is builtand enriched from the way of fulfilling the prosecutors’ objective obligation. Fourthly, fromthe aspects of power protection, by demonstrating the relationship between the right to know,right to inquiry and the right to correct, I propose the advice about stipulating inquiry rightand correct rights in civil litigation provisions.Lastly, prosecutors objective obligation is builtin operation, the elements of the various aspects are interactive, connected, so as to form asystem which is joined orderly, promoting each other, streamlined and effective.