On The Investigative Power Of The Cicil Public Prosecution And Litigation Standardization

The newly revised Code of Civil Procedure establishes the Public Interest Litigation, meanwhile, further enrich the Civil Prosecutorial Supervision. Clear public interest litigation in civil prosecution subject qualification enjoys clear prosecutors filed public interest litigation in civil procedural mechanisms and their permissions means, as well as investigations of civil indictment prosecutors have power attributes, operational procedures, suitable methods and systems approach is theoretical and practical significance.Civil Public Interest Litigation Plaintiff Qualification prosecution has achieved relief to protect the public interest, to make up for deficiencies civil procedure legislation, civil procuratorial system reform and innovation and perfect the practical needs. Meanwhile, with unity, and the level of compatibility between prosecutors and legal supervision over litigation claims. Prosecutorial powers can and can accommodate and absorb lawsuits power, and means for the purpose of showing the relationship between law and litigation oversight power procuratorial organs. Supervising prosecutors object and scope of" specialized " basis and boundary lines in the " national and public interests." The prosecution has filed a civil lawsuit in the public interest under the different legal systems and legal cultures can learn from shared experiences. Further claims gives prosecutors the right to a civil public interest litigation that civil rights indictment, so that it has the role and status of civil parties, to achieve the outside of each of its functions powers and rights to achieve its public service representatives, legal supervisor and the role of the Trinity from the inside out litigants unity.National Prosecution public interest litigation in the civil rights prosecution’s investigative powers rooted prosecutors enjoy and exercise, as well as public interest litigation in the civil litigation rights of the parties and the burden of proof, the powers and rights under the composite on the basis of the complex, both powers of investigation and the right type of two heavy property type investigation. The exercise of its functions in its independence, initiative and targeted, while maximizing identify the facts, to improve the quality and litigation petition efficiency to better safeguard national interests, public interests.The exercise of civil public prosecution proceedings before investigative powers to appeal mainly on the boot should implement a combination of positive and negative to negative relative to the main principles. Means prosecutors use civil investigation methods carried out throughout the whole process of public interest litigation filed a civil investigation. In its formal investigation, preliminary investigation direct investigation, the various stages of indirect investigation of the links, prosecutors may need the actual progress of the case, decided to take the appropriate civil investigative techniques. Prosecutors and other authorities should investigate and collect evidence on the application, to help establish cooperation with the formation of relatively fixed and improve work systems and procedures. Prosecutors in the investigation of public interest litigation in civil and respondents can negotiate a settlement, and according to the degree has been taking evidence and the facts of the case being investigated formally signed a settlement agreement related measures, programs.For the right to initiate an investigation, survey methods, survey instruments, the findings treatment during the investigation and the prosecution was able to investigate issues such as the need to negotiate a settlement standardization, is to improve the Public Interest Litigation special procedures, and can not modify the Organic Law Procuratorate ignore the option. First, in the case of published guidance among civil public interest litigation can sue on the prosecution, and the contents of its investigation and evidence collection trial has found so concerned Second, judicial interpretation should be interpreted with the provisions of the Civil Public Prosecution Attorney investigative powers of main content. Again, it should be clear that the people’s procuratorate may bring a civil public interest litigation in the case of " Civil Procedure Law" stipulates that the people’s court and the prosecution of civil public interest litigation investigative powers as an essential structural and execution of the terms of reference in order to achieve Civil Prosecutorial Supervision range expansion, ways to expand and refine the program Finally, then modify the "Civil Law " should be full, clear as a public interest litigation filed in civil, survey evidence can expand people’s procuratorate. Public interest litigation filed civil investigation procedures, prosecution manner, apply to court for prosecutors to obtain evidence to take the material, and which take or apply coercive measures taken by sequestration, as well as People’s Court accepted the prosecution’s investigation and evidence collection and review of enforcement measures, ruled that provisions such as are given.