(August 4, Procuratorial Daily Minsheng Weekly · Practice)  

　　 Original title  

　　 Exploring the Scientific Development Path of Civil Support Prosecution  

　　 Liu Xiaoqin, Zhang Chuanguang  

　　 The procuratorial organ's function of supporting prosecution is not only the statutory duty specified in Article 15 of the Civil Procedure Law, Zhang Jun, the Procurator General of the Supreme People's Procuratorate, also stressed at the National Working Conference on the Implementation of the Civil Code by Procuratorial Organs: "If civil subjects such as minors, migrant workers and the poor should safeguard their legitimate rights through litigation, they should increase their support for prosecution and reflect judicial temperature." However, in practice, There are different understandings on the operation status, functions, gains and losses of supporting litigation. This article intends to explore the scientific development path of supporting prosecution work, taking the implementation of Anhui procuratorial organs' support for prosecution work as an example 。  

　　 Since 2017 (as of May 20, 2021), Anhui procuratorial organs have submitted 4355 supporting lawsuits to the courts, involving more than 87 million yuan. The case presents the following characteristics:  

　　 First, the number of cases handled has increased year by year. 263 lawsuits were filed in 2017, 781 in 2018, 1342 in 2019, and 1345 in 2020. Since this year, 624 prosecutions have been supported, up 50% from 417 in the same period last year.  

　　 Second, the case sources are diverse. The sources of cases include the application of the parties, the report and accusation of outsiders, the discovery by the procuratorial organ on its own authority, and the transfer by relevant departments, among which 1161 cases were found on its own authority.  

　　 Third, the proportion of migrant workers' wage cases is large 。 Of the 4355 cases that have proposed supporting prosecution opinions since 2017, 3060 involve the protection of the rights and interests of migrant workers, accounting for more than 70%. And about 70% of them are labor dispute cases.  

　　 Fourth, the infringement of the rights and interests of the elderly, women and children needs great attention. Since 2017, the province has handled 182 cases of support litigation for disputes over marriage and family inheritance, and 4 cases of support litigation were accepted by special procedures. In the above cases, the procuratorial organ supported the filing of 17 divorce proceedings, 61 custody disputes, and 84 maintenance disputes. In another 5 cases, due to the existence of sexual assault or indecency by guardians, the procuratorial organ supported the application for revocation of guardianship or the prosecution for change of guardianship.  

　　 In carrying out the above supporting prosecution work, the Anhui procuratorial organ has explored some more effective working methods to ensure that the case achieves good legal and social effects.  

　　 First, improve standing and strengthen organizational leadership. Actively promote and support the prosecution work, effectively solve the prominent problem that migrant workers, the elderly, women and children and other vulnerable groups cannot, dare not, and are not good at using legal means to safeguard their legitimate rights, and enhance the people's sense of judicial access. Guide and promote local support for prosecution through performance assessment of prosecutors, evaluation and incentive of subordinate businesses, compilation and distribution of typical cases, business learning and training, etc.  

　　 Second, publicity and guidance to promote the protection of rights according to law. For four consecutive years, the provincial three-level procuratorial organs have been organized to carry out the "Civil Procuratorial Centralized Publicity Day" activity at the same time, vigorously publicize the typical cases that support the prosecution function and handle, guide the parties to rationally safeguard their rights according to law, and improve social awareness.  

　　 Third, special guidance, highlighting the focus of supervision. For four consecutive years, around the Lunar New Year every year, special actions were organized to solve the problem of migrant workers' wage arrears, help migrant workers ask for "hard-earned money", strengthen mutual cooperation with courts and labor security departments, and jointly resolve the problem of migrant workers' wage arrears.  

　　 Fourth, expand areas and fully perform duties. We will focus on expanding areas of support and supervision, and strive to promote more people, especially vulnerable groups, to safeguard their legitimate rights and interests through litigation. According to statistics, in addition to the cases involving migrant workers' wages, the supporting litigation cases handled by the provincial procuratorial organs also involve many aspects such as personality rights, tort liability, contract disputes, property disputes, marriage and family disputes.  

　　 Fifth, take multiple measures to improve the work effect. Actively promote the quality and efficiency of work through investigation and verification, public hearing, reconciliation and other ways, and strive to achieve the organic unity of the "three effects" of handling cases.  

　　 Sixth, strengthen communication and improve working mechanism. Taking the handling of cases involving migrant workers' wage demands as an example, on the one hand, support and guide migrant workers to safeguard their rights through legal means, establish an information exchange and sharing mechanism with relevant departments for migrant workers and other vulnerable groups to safeguard their rights, coordinate to resolve conflicts and maintain social stability. On the other hand, strengthen internal cooperation. Give full play to the coordination of criminal and civil procuratorial work to form a joint force of protection.  

　　 Seen from the support for prosecution in recent years, although some achievements have been made, some local governments have lagged behind in their case handling concepts, vague positioning of support for prosecution, inadequate function play, and the case handling norms and cooperation mechanism need to be improved, which is far from the new expectations and requirements of the people for procuratorial performance in the new era. The author believes that the scientific development of civil support litigation can be optimized from the following aspects:  

　　 First, adhere to the concept first. Conscientiously use Xi Jinping's rule of law thinking to guide procurators to perform their duties, combine the opportunity of implementing the Civil Code, follow the civil procuratorial thinking of combining power supervision and right relief, always adhere to the people centered case handling concept, actively adapt to the people's growing awareness of rights and the needs of the rule of law, and clarify its value in protecting the rights and interests of vulnerable groups, Actively explore and improve the civil support prosecution function of the procuratorial organ, so that support prosecution becomes an important carrier for the procuratorial organ to actively integrate into the "two overall situations" and fully implement the concept of justice for the people.  

　　 Second, actively perform duties and expand work areas While supporting migrant workers and other vulnerable groups to protect their legitimate rights and interests, we should strengthen the positioning of procuratorial organs as representatives of public interests and legal supervisors and extensively explore judicial protection for other vulnerable groups around the concerns of the people.  

　　 Third, play a typical leading role. Actively handle, compile and distribute guiding cases and typical cases, guide the procuratorial organs to fully activate the support prosecution system, solve the problems that the procuratorial organs do not want to do, will not do, and have no case to do, and give full play to civil support prosecution in solving conflicts and disputes according to law, maintaining fairness and justice, improving social governance, promoting social development and progress It plays a positive role in guiding social morality and fashion, and strives to make "social hot spots" cases become public law courses shared by society through supporting prosecution.  

　　 Fourth, pay attention to internal and external cooperation in performance of duties. The procuratorial organs should give full play to the procuratorial integration mechanism, comprehensively use various procuratorial functions such as civil, criminal and administrative functions, coordinate and work together to improve the effect of supervision and protection. It is also necessary to strengthen communication with courts, judicial administrative departments, labor security departments, etc., rationalize the positioning and functional mechanism of supporting litigation in the civil litigation system, and coordinate the work of rights protection.  

　　 Fifth, we should focus on resolving conflicts and promoting the governance of litigation sources. In handling cases, the procuratorial organ should not only support the parties to safeguard their legitimate rights and interests by means of prosecution, but also actively cooperate with the court to promote peace, practice the "Maple Bridge Experience" of the new era, and strive to close the case with people.  

　　 The sixth is to strengthen the publicity of law interpretation by case. Promulgate the spiritual core and basic principles of the Civil Code, handle the "small cases" around the masses by supporting prosecution and other means, guide the masses to develop a conscious awareness of abiding by the law, form the habit of finding the law in case of trouble, cultivate the awareness and ability of relying on the law to solve problems, and highlight the procuratorial responsibility of justice for the people.  

　　 (Author's unit: Anhui Provincial People's Procuratorate)