Civil Litigation Supports The Study Of The Prosecution System

New China's first civil procedure law stipulates support for prosecution in Article 13 of the Basic Principles.The newly revised "Civil Procedure Law" continues to be used,and this clause is regarded by practitioners as the source of support for the legitimacy of the prosecution system.From the perspective of the legal system,the system is a localized transformation of the social interventionism pursued by the former Soviet Union's civil procedure law.It means that agencies,organizations,enterprises and public institutions can support the damaged national,collective,or individual civil rights and interests.However,due to the lack of specific procedural design,support for prosecution has long been a mere formality and has been controversial.However,due to the lack of a systematic legislative basis,the lack of uniform standards for the objects and methods of support,the unclear status of the prosecutor supporting the prosecution,and the vacant prosecution procedure,all these have led to the difficulty of substantive progress in supporting the prosecution.In the face of increasingly complex modern litigation and the rise of public interest litigation,the function of supporting prosecution to rescue vulnerable groups and protect public interests has become increasingly prominent.Especially in the context of the reform of the supervisory system,the prosecution's support for prosecution has unprecedented practical significance.In order to further study and support the prosecution system,and to better exert its practical utility,this article applies the analysis method of the case study.Through combing the theoretical background,combined with the investigation of relevant cases in practical work,suggestions are made for the establishment of the system and the improvement of operating procedures.The main content of this article includes the following four parts.The first part sorts out the operating principles of the prosecution system from two aspects:connotation and theoretical basis.Mainly expounds the basic concept,evolution process and legal basis of supporting the prosecution system.Through the analysis of several concepts such as "public interest litigation","civil supervision and prosecution","principal agency","judicial assistance",and "legal aid",it clearly supports the connotation and extension of the prosecution system.At the same time,it discusses the value of supporting the prosecution system for safeguarding national interests,social public interests and the interests of disadvantaged groups,highlighting the practical necessity of its existence.The second part is an empirical analysis of the operation status of the prosecution system.Based on the 177 cases collected by the author,the types of cases are divided into cases of loss of state-owned assets,cases of ecological environment pollution,and cases of damage to the rights of vulnerable groups based on the target of the damage.Through graphic analysis and case studies,it presents the current status of the implementation of the prosecution system in judicial activities.The third part combines judicial practice on the basis of the previous article,and summarizes the shortcomings in the practical exploration of the supporting prosecution system.It mainly includes three issues: support objects are not uniform,the unclear status of the prosecution subject,and the vacant procedure.The fourth part puts forward the legislative improvement path for constructing the supporting prosecution system in response to the third part.Suggestions for the construction and improvement of the prosecution system are proposed from the aspects of the subject qualification and legal status of the prosecution system,the objects,methods and application preconditions of the prosecution.