What Is Litigation Support Consulting?
Support the principle of prosecution: one of the basic principles of civil procedure law. China's Civil Procedure Law stipulates that organs, groups, enterprises and institutions may support the units or individuals who have suffered damages in bringing suits to the people's courts against acts that damage the civil rights of the state, collectives or individuals. Civil lawsuits are initiated by the parties who have a direct interest in the case. The legal provisions support the principle of prosecution. The purpose is to give full play to the enthusiasm of organs, groups, enterprises and institutions in fighting against civil illegal acts, and to effectively safeguard the civil rights and interests of the state, collectives or individuals. This principle requires: (1) support for prosecution is limited to civil cases caused by infringement; (2) support for prosecution is limited to agencies, groups, enterprises and institutions; (3) support for prosecution must be that the victim has not prosecuted; (4) The prosecutor can only support the plaintiff's prosecution, not the plaintiff. [1]
Support the principle of prosecution
discuss
- Chinese name
- Support the principle of prosecution
- Meaning
- Institutions and groups under socialist conditions
- Requirements
- The main body supporting the prosecution
- Be applicable
- Prosecutors cannot participate in proceedings
- Support the principle of prosecution: one of the basic principles of civil procedure law. China's Civil Procedure Law stipulates that organs, groups, enterprises and institutions may support the units or individuals who have suffered damages in bringing suits to the people's courts against acts that damage the civil rights of the state, collectives or individuals. Civil lawsuits are initiated by the parties who have a direct interest in the case. The legal provisions support the principle of prosecution. The purpose is to give full play to the enthusiasm of organs, groups, enterprises and institutions in fighting against civil illegal acts, and to effectively safeguard the civil rights and interests of the state, collectives or individuals. This principle requires: (1) support for prosecution is limited to civil cases caused by infringement; (2) support for prosecution is limited to agencies, groups, enterprises and institutions; (3) support for prosecution must be that the victim has not prosecuted; (4) The prosecutor can only support the plaintiff's prosecution, not the plaintiff. [1]
- There must be three elements to support prosecution:
- 1. The main bodies supporting prosecution are agencies, groups, enterprises and institutions.
- 2. The premise of supporting the prosecution is that the legal person or natural person has violated the national, collective or individual civil rights and interests in violation of the law.
- 3. The time to support the prosecution must be that the unit or individual who caused the damage caused the damage, but could not, dare or inconvenience resort to the court.
- Support the application of the principle of prosecution:
- 1. For relevant units, supporting prosecution is both a right and an obligation
- 2. Support that the prosecutor cannot participate in the proceedings
- 3. There is no clear stipulation on the method, procedure and legal status of the prosecutor.
- Example: A woman who has suffered domestic violence for a long time, but dare not to sue for divorce. At this time, the women's federation came forward to support the woman's prosecution, and supported lawyers and other supportive acts.