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The Operation Of Civil Prosecution Investigation Power

Posted on:2017-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:F MiaoFull Text:PDF
GTID:2296330485974039Subject:Law
Abstract/Summary:PDF Full Text Request
The existence value of the right of the current civil prosecution investigation and evidence collection has been undeniable,the prosecution organs have the right to obtain a certain civil investigation and evidence collection, which is a powerful guarantee for the exercise of civil prosecution supervision.However, the specific scope of application of civil prosecution investigation and evidence collection, operating procedures, and there is no clear legal provisions, so combined with judicial practice will find it difficult to regulate the prosecution of effective civil prosecution investigation and evidence collection, the operation is still a lot of obstacles.At the same time, through the comparison of domestic and foreign civil prosecution investigation and evidence collection and civil prosecution system, will find the differences in national conditions, although make our civil prosecution investigation and evidence collection to a certain extent, with Chinese characteristics, but learn from the outstanding experience of foreign civil prosecution system, as well as foreign prosecution organs in civil public interest litigation in the practice of investigation and evidence collection.The nature, scope of application and evidence validity of the right to collect evidence of the civil investigation must be further improved and clearly regulated in our country.In short, the operation of the civil prosecution power of investigation and evidence collection, on the one hand, should is to protect the prosecution organs can accurate filed a civil protest or raise an important way of civil prosecution suggestion, that is to realize the effective supervision of the basic means and fundamental guarantee; the other hand, should have can not deny the important role in the protection of the interests of the state and social.Based on the analysis of the operation status of the civil prosecution investigation and evidence collection, this paper studies the operation theory and regulation of the civil prosecution investigation right, so as to further analyze how to regulate the operation of the civil prosecution power in the civil prosecution supervision process, so that it can not only reduce the excessive intervention of the parties to the civil litigation system, but also fully play its role in the investigation and evidence collection.At the same time, the prosecution in the civil public interest litigation in the investigation and evidence collection of new ideas.
Keywords/Search Tags:Nature of power, Supervision on civil prosecution, Evidence potency, Civil public welfare
PDF Full Text Request
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