Research On The Power Of Investigation And Verification In Civil Support Prosecution

The principle of supporting prosecution was first set out as a basic principle in China’s Civil Procedure Law(Trial)in 1982,and was also continued during the revision of the procedural law in 2017.Article 15 provides that organs,social organizations,enterprises and institutions for damage to the state,collective or individual civil rights and interests,may support the injured unit or individual to the people’s court.The role of the procuratorial authorities as the subject of support for prosecution has been generally recognized in judicial practice.However,due to the highly general nature of the provisions,the lack of operational provisions such as the status of the procuratorial organs in the litigation,the scope of the way,rights and obligations,caused a lot of debate in theory and practice on whether and how to use the right to investigate and verify in support of prosecution cases.Especially in recent years,with the gradual increase in such cases,the frequent use of investigative and verification powers by the procuratorial authorities in the process of supporting prosecution has brought this problem to the fore.On December 23,2021,the Supreme People’s Procuratorate issued the thirty-first batch of guiding cases of support for prosecution at a press conference themed "Actively performing the function of civil support for prosecution to protect the legitimate rights and interests of special groups in accordance with the law",and said that procuratorial organs can assist in collecting evidence.However,it is not clear whether the procuratorial authorities should investigate and obtain evidence ex officio or on application,whether the power of investigation and verification should be restricted in such cases,what standards should be met in collecting evidence,what is the difference between collecting evidence eligible for prosecution and evidence necessary for prosecution,and whether the procuratorial authorities’ power to investigate and obtain evidence should be expanded in other issues such as civil public interest support litigation.This paper intends to make an empirical analysis of the use of investigative and verification powers in such cases and make actionable recommendations based on a sample of prosecution support cases handled by the S provincial procuratorial authorities from 2020 to 2022.The paper is divided into five chapters.Chapter 1,the analysis of the operational effect of the procuratorial authorities’ use of investigation and verification powers.Using a sample of prosecution support cases handled by the S provincial procuratorial authorities for three years,we analyze the development of prosecution support cases handled in recent years and clarify the significant features and practical shortcomings of using investigation verification measures in such cases.Chapter 2,Analysis of the effects of the procuratorial authorities’ use of investigation and verification powers.Based on the above-mentioned empirical analysis and comparison of the power of investigation and verification,the problems in the use of this power in its own construction,in the process of application,and in supporting prosecution cases are clarified.Chapter 3,the general principles of the principle of supporting prosecution.The principle of supporting prosecution applied to the right of investigation and verification studied in this thesis is introduced.This includes the concept and theoretical sources of the principle,the basic principles to be followed by the procuratorial authorities as the subject of supporting prosecution,and the conditions and ways of handling such cases.Chapter 4,the nature and analysis of the civil procuratorial power of investigation and verification.This chapter introduces the concept and characteristics of the procuratorial authority’s right to investigate and verify in civil litigation.In-depth comparisons are made between civil prosecutorial investigation and verification,civil trial investigation,criminal investigation and verification,and general civil supervision,laying the foundation for a standardized study of investigation and verification in support of prosecution cases.At the same time,the boundaries of the procuratorial authority’s power to use investigation and verification measures are analyzed with the object of Prosecution Cases No.122 and No.125.Chapter 5,Suggestions for improving the use of investigative and verification powers by prosecutors in support of prosecution cases.The principles,specific procedures,evidentiary standards and safeguards for the use of investigation and verification by the procuratorial authorities in support of prosecution cases are regulated.