Under the prosecution system supported by the procuratorial organ, will the procuratorial organ participate in the litigation and support the litigation activities of one party break the balance structure between the plaintiff and the defendant in civil litigation? Procuratorial organs support prosecution. How to achieve substantive equality through formal "inequality"? In the face of the people's higher demand for fairness and justice, what new developments have procuratorial organs made in supporting prosecution? At the press conference held by the Supreme People's Procuratorate, the relevant persons in charge of the sixth procuratorial Office of the Supreme People's Procuratorate responded to social concerns one by one. Supporting the prosecution system is rich in red genes "The prosecution system supported by procuratorial organs is an important part of the people's procuratorial system, which can be traced back to the initial period of the people's procuratorial system in the Shaanxi Gansu Ningxia border region." Feng Xiaoguang, member of the Supreme People's Procuratorate procuratorial committee and director of the sixth procuratorial office, introduced that the civil procedure law has clearly defined supporting prosecution as a civil procedure system since it was tried out in 1982 and officially implemented in 1991. For the value orientation of this system, Feng Xiaoguang said that the procuratorial organ supports civil subjects with weak litigation ability to file civil proceedings in the court, which can effectively safeguard the legitimate rights and interests of the parties and play an important role in effectively ensuring the equality of litigation rights of civil subjects. For a long time, procuratorial organs have provided free legal assistance to special groups seeking litigation relief through the civil support prosecution system, which has realized the unity of political effect, legal effect and social effect. With the development of procuratorial practice, some problems have been exposed in the system of procuratorial organs supporting prosecution. Article 15 of the civil procedure law is relatively principled and lacks clear and specific provisions on the scope and procedures of procuratorial organs supporting prosecution and the degree of involvement in civil proceedings. Local procuratorial organs are not unified and standardized when exploring the application of the supporting prosecution system. "A case is better than a dozen documents. Guiding cases can provide accurate guidance for handling civil support prosecution cases everywhere." Feng Xiaoguang said. The vast majority of civil support prosecution cases are concentrated at the grass-roots level, while the staffing and professional ability of grass-roots procurators need to be strengthened. Release guiding cases of civil support for prosecution and promote the successful experience accumulated by local procuratorial organs in supporting prosecution. In Feng Xiaoguang's view, this also promotes grass-roots procuratorial organs to improve the professional level of civil support for prosecution. In guiding the work of all localities, Feng Xiaoguang also noted that although the number of civil support prosecution cases is increasing year by year, with an annual average of more than 10000, initially reaching a certain scale, the public does not know much about this work due to insufficient publicity and summary, and many civil subjects who need to support the prosecution system are not aware of the system. "The publicity of law popularization through the preparation and issuance of guiding cases is conducive to helping more civil subjects, especially vulnerable groups, take up legal weapons and safeguard their legitimate rights and interests." Feng Xiaoguang said that compiling and issuing guiding cases of civil support prosecution is not only an important measure to respond to the opinions and suggestions of deputies to the National People's Congress, but also an important embodiment of meeting the judicial needs of the people in the new era and implementing the civil code. Be able to perform your duties, do it in place and not offside "The procuratorial organ's support for prosecution is not a 'substitute' prosecution." Jiang Yaofei, a senior prosecutor at the third level of the sixth procuratorial office, said that the procuratorial organ's support for prosecution does not replace the exercise of the right of action of the parties, and can not start the proceedings independently. Jiang Yaofei said, for example, civil support for prosecution is different from performing the function of public prosecution, which is generally based on the application of the parties; The procuratorial organ assists the parties in collecting evidence around the legal conditions for prosecution, rather than only collecting evidence favorable to one party; Except for cases of great social or legal significance, procuratorial organs generally do not attend the court. When they appear in court, they can read out opinions in support of prosecution, but do not participate in other court activities such as evidence proof and cross examination. The parties enjoy complete litigation rights and can dispose of them freely. If a party withdraws the prosecution, it shall support the termination of the prosecution procedure on its own. Considering the original intention of procuratorial organs to support the prosecution system, Jiang Yaofei specially pointed out that procuratorial organs mainly follow the following principles in carrying out civil support for prosecution: First, follow the principle of voluntariness. In the process of performing their duties, the procuratorial organ shall respect the true expression of the parties' intention; If the party concerned disagrees with the prosecution, under normal circumstances, the procuratorial organ cannot start the proceedings. Second, follow the principle of equality of litigation rights. The law gives both parties equal litigation status to ensure that they fully exercise their litigation rights. In the process of performing their duties, procuratorial organs should uphold an objective and fair position, follow the principle of equality of litigation rights, and avoid imbalance of litigation rights. For example, in the process of assisting the parties to collect evidence, the procuratorial organs should collect the corresponding evidence that meets the legal prosecution conditions, not the evidence of the whole case, and it is not suitable to collect only the evidence beneficial to one party. Third, follow the principle of punishment. Civil subjects have the right to decide whether and how to exercise their civil litigation rights according to law within the scope prescribed by law. The opinions in support of prosecution put forward by the procuratorial organ shall focus on the claims of the parties and shall not exceed the scope of the claims of the parties. If a party adds, changes, waives his claims or reaches a settlement agreement in the litigation, the procuratorial organ shall not interfere. Fourth, support the courts to exercise judicial power independently according to law. In the process of performing their duties, procuratorial organs shall strengthen communication and consultation with the court, cooperate with and support the court in hearing cases according to law, and ensure the smooth progress of litigation activities. In principle, the procuratorial organ does not attend the court. After the parties provide evidence, cross examination and debate on their own, the court shall make a judgment according to law. Promote the realization of substantive equality of litigation rights The reporter noted that the parties involved in the five cases in this batch involve special groups such as the mentally disabled, the elderly, migrant workers and women subjected to domestic violence. Their litigation ability is weak and they cannot or dare not independently file a lawsuit to safeguard their legitimate rights and interests. Jiang Yaofei said that this is the essence of supporting the prosecution. "Support the prosecution of injured units or individuals, especially special groups, to obtain relief through the exercise of litigation rights, and ensure the substantive equality of litigation rights of both parties." In Jiang Yaofei's view, the procuratorial organ supports prosecution according to law, which reflects the protection of the rights and interests of special groups and highlights the judicial humanistic care. "Ensure that workers receive labor remuneration and social insurance benefits in accordance with the law." Jiang Yaofei revealed that judging from the case handling figures in recent years, supporting migrant workers to sue for salary accounts for more than half of civil support cases. Labor remuneration and social insurance benefits are the basic guarantee for workers to maintain their livelihood, which is related to personal rights and interests and family happiness, as well as social harmony and stability, While cooperating with relevant departments to carry out special rectification activities such as eradicating wage arrears, procuratorial organs support workers, especially migrant workers, to sue and protect their rights, and help them obtain labor remuneration and social insurance benefits. In social life, some special groups such as the elderly, the disabled and victims of domestic violence will not, dare not and are not good at using legal means to safeguard their legitimate rights and interests. To this end, local procuratorial organs actively perform their duties, actively administer justice, and promote the protection of the legitimate rights and interests of special groups such as the elderly, the disabled and victims of domestic violence as an important work. Feng Xiaoguang introduced that by strengthening communication and cooperation with courts, public security organs, women's federations, civil affairs, people's mediation organizations and other units, procuratorial organs have effectively resolved contradictions, maintained social stability, and effectively improved the people's sense of access to the rule of law. The opinions of the CPC Central Committee on strengthening the legal supervision of procuratorial organs in the new era requires procuratorial organs to further strengthen civil procuratorial work, unblock judicial relief channels, and protect the legitimate rights and interests of citizens, legal persons and other organizations according to law. In response to the new expectations of the party and the people, Jiang Yaofei said that local procuratorial organs not only actively support the prosecution and rights protection of special groups with traditional significance, such as migrant workers, minors, the elderly, the disabled, consumers, victims of domestic violence and abuse and abandonment, but also explore to expand the scope of application of the civil support prosecution system. "By making and issuing typical cases, some local procuratorial organs not only guide the civil support prosecution work, but also let many potential civil subjects in need of assistance understand the support prosecution system, broaden the source channels of cases and create a good environment for civil support prosecution." Jiang Yaofei said. (outlook new era)