Abstract:Procuratorate supporting litigation refers to a mechanism whereby, when a subject whose civil rights and interests have been infringed finds it difficult to effectively participate in civil litigation due to fear or insufficient litigation capacity, procuratorial organs support them in initiating civil litigation to safeguard their rights and interests. In recent years, procuratorate supporting litigation has been continuously explored and promoted in civil judicial practice, but relevant controversy has not ceased.The main points of contention are the necessity of procuratorate supporting litigation, the clarity of the case scope, the propriety of participation in court proceedings, and the connection with other procedures.These are also the core issues of building a system of procuratorate supporting litigation. At present, the academic community mainly examines the system from the perspective of procedural justice in civil litigation, questioning whether it disrupts the isosceles triangle structure of litigation, affects the principle of party disposal, and impacts judicial trials. They hold that procuratorate supporting litigation should be restrained, or even eliminated. However, it is insufficient to evaluate the system from this single perspective, instead, it should be discussed in the context of the overall civil litigation model and the reality of civil judicial operations. From the perspective of necessity and propriety, China’s civil litigation follows the adversarial litigation model, where the court is in a passive position and the parties bear the obligations of investigation, evidence collection, proof, and making litigation requests. This makes it difficult for parties with insufficient litigation capacity and fear of litigation to exercise their right to sue. Procuratorate supporting litigation can achieve substantial equality in the right to sue, demonstrate judicial authority and justice, maintain the legal order, and is a necessary supplement to the passive judicial model. As for the scope of cases for procuratorate supporting litigation, the current legislation is rather vague.There are issues with procuratorate supporting litigation in public interest litigation cases, such as, wide range, strong professionalism, and academic doubts about the procuratorate’s duties. Branches of law should be improved to clear the legal standards for initiating public interest litigation, and a legal assessment mechanism involving the people should be introduced to address the doubts. In private interest litigation, to solve the issues of unclear standards for supporting litigation and vague positioning of procuratorial organs, it is proposed that the criteria of supporting litigation should include weak litigation capacity, fear of litigation, significant impact on local governance, and assessment mechanisms. Regarding the participation method of procuratorial organs, the academic community is wary of procuratorate supervisory power and questions the feasibility of procuratorate participation. However, from the perspective of theory and judicial practice,supporting litigation does not disrupt the isosceles triangle structure. Procuratorate participation helps to clarify the facts and improve the efficiency of the trial, so the procuratorate should be granted the right to participate in court proceedings. From the stages of participation in litigation, the parties’ inability to litigate runs throughout the entire litigation process. The procuratorate should decide whether to support the second instance, retrial, and for forced execution based on the existence of the reasons for supporting litigation, to realize the legislative spirit of supporting litigation. Given that the existing concept of supporting litigation is limited to filing and cannot encompass its connotation and value, it is suggested to amend the principle of supporting for filing a lawsuit in the Civil Procedure Law to the principle of supporting litigation,so as to completely solve the conceptual confusion of the corresponding system construction from a logical perspective.