Research On The Civil Right Of Prosecution

Civil prosecution right is the subject of rights think that the civil rights owned or dominated by their own management according to the law are infringed,or social public benefit is damaged,for the purpose of safeguarding individual interests or social public interests,ask the court to start the trial procedure,hear and judge specific litigation request.The nature of the right of civil action is procedural right,with the function of declaration,security,confrontation,restrict,seek relief.The prosecution behavior conform to legal requirements will lead to the start of trial proceedings,it is possible for the parties to obtain judicial relief,restore damaged civil relations,safeguard their own legitimate rights.From the perspective of jurisprudence,the theory of civil right of prosecution has enriched its connotation in the process of development.On the one hand,it is reflected in the response to the theory of right expansion,on the other hand,it is reflected in the balance of right conflict theory.The implementation of the registration system reduces the threshold of filing a case,to a certain extent,alleviate the plight of the difficulty in filing a case in our country,and the plaintiff's prosecution right obtains more system security.However,many courts set up obstacles by restricting the number or additional prosecution request,the reflection of legislative purpose of filing registration system need to solve many problems in the judicial practice.Civil procedure law less regulate the specific rules on the counterclaim system,affected by the counterclaim implicated,the legal scope of the defendant filed a counterclaim is narrow,the legislation has not stipulated relief way when the counterclaim shall not be accepted.Third people litigation system also needs to fully reflect the function of preventing fraud,legal regulation on the third party's false action infract the legitimate rights of the parties.Throughout the relevant legal system of extraterritorial representative countries,in Germany,the plaintiff is less required in the prosecution stage,generally prove that their rights are violated or there is a civil dispute between others.The plaintiff is not required to submit evidence,the court only make a formal examination of the case,reducing the difficulty of the filing.Arbitrary counterclaim system in the United States expand the scope of the defendant filed a counterclaim,the court may solve several disputes betweenthe parties by a civil trial procedure.The applicable conditions of third people litigation system fully prevent fraud function is benefit for protecting the legitimate rights of the third party.The legislation and the judicial practice of prosecution should make a breakthrough in solving filing difficulty.Allowing to exercise the right of prosecution in the form of litigation trust,to realize the diversification of the exercise the right of prosecution.Prohibit the court according to the law of foreign affairs to limit plaintiff,guarantee the proper operation of filing registration system,eliminate unreasonable restrictions on the prosecution procedure,ensure compliance with the legal requirements of the prosecution can lead to the occurrence of the trial.Through legislation to supplement and improve the legal causes in counterclaim and action of the third person,and give the sufficient rights relief and protection system.to highlight the legal respect and protection of civil rights.