Research on the optimization path of procuratorial support prosecution system under the dimension of prosecution right protection
The theoretical origin of the system of prosecutorial support for prosecution is the principle of support for prosecution in the Civil Procedure Law,as well as the legal supervisory function of the procu-ratorial authorities.Currently,the practice of prosecutorial support for prosecution has broken through the inherent institutional purpose,resulting in a discrepancy between theory and practice.Therefore,in the right to protect the dimension,we should be clear that the procuratorial organs to support the prosecution system exists in the procedure and the entity of the two-tier purpose:the procedural purpose is to promote the exercise of the right to substantive equality and the entity purpose is to meet the realization of the rights of the plaintiff.To this end,when handling cases of support for prosecution,the procuratorial au-thorities should,in principle,examine,on application,whether there are any obstacles to the exercise of the plaintiff's right of action,and may,under special conditions,take action ex officio.At the same time,the scope of prosecutorial support for the plaintiff's action should cover all litigation rights.In addition,the relationship between the system of support for prosecution by the procuratorial authorities and the sys-tems of legal aid and representation by lawyers should be streamlined in accordance with the principle of exhaustion of remedies.
procuratorial support for the prosecution systemprotection of rights of actioncivil prosecution
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