Civil Prosecution On A Study

Civil prosecutorial system forms an important part of the prosecutorial system as well as the civil procedural legal system. The establishment of a complete set of the civil prosecutorial system and its effective operation and execution have no doubt a significant bearing on safeguarding the legality of judicial activities and upholding social fairness and justice.Both the Constitution and the "Organization Law of the People's Procuratorate" as a constitutional law clearly stipulate that the people's procuratorate is the legal supervision body of the state, an exact definition of its legal nature in line with the constitution. This supervision-oriented definition empowers prosecutorial organs an extensive scope of legal supervisory functions and powers. As far as the civil legal area is concerned, the logical conclusion drawn from this definition is that the prosecutorial organs shall have the power to exercise legal supervision not only over trial activities presided over by people's court in application of civil law but also civil law-abidingness of citizens, legal persons and other organizations. Thus, from the perspective of the consequentiality of the system, the civil prosecutorial system should be such as composed of certain interactive and inter-related segments with given functions. Under this system, there should be concrete regulations regarding filing of prosecution by the prosecutorial organs against citizens, legal persons and other organizations over major civil illegal activities, regulations of the participation of civil lawsuits by prosecutorial organs, regulations of appeal against effective or non-effective civil rulings, regulations of punishment of malpractice committed in the capacity of a judge during civil proceedings, etc. All the above interrelated and interactive regulations form a complete set of civil prosecutorial system with focus on civil prosecutorial power.However, in examing the existing system established by current related department laws, obvious contradictions and incongruities can be found between that and the above due system deduced from the constitution, which are mainly manifested in the following aspects: first, lack of regulations regarding the filing of prosecutions by prosecutorial organs against major civil illegalactivities committed by citizens, legal persons or other organizations hampering state and social public interests; second, absence of regulations on the participation of civil proceedings of the prosecutorial organs; third, absence of regulations on lodging protest against non-effective court decisions; fourth, failure to incorporate into regulations supervision models such as the issuing of prosecutorial suggestion and notice to redress illegalities, which prove to be effective in prosecutorial practices. In addition, despite regulations on protest against effective court decisions, exercise of supervision in the form of protest is still riddled-with difficulties as a result of lack of clarification on issues essential to fully function of the protest system such as transfer of documents for review, protest and trial level. All the above contradictions and incongruities inherent in the existing system prevent the civil prosecutorial system from duly exercising its Junctions.Based on regulations of the Constitution of our country while taking into account civil prosecutorial practice, the paper analyzes problems and deficiencies existing in the civil prosecutorial system established under the current "Civil Procedure Law" and by a comparative study on concerned foreign civil prosecutorial legislations, it attempts to construct a complete set of civil prosecutorial system in our country in a bid to pursue an overhaul of the whole system. The paper is composed of nine chapters and a additional remark exact content of each chapter as follows:Chapter one: Overview of the civil prosecutorial system This chapter focuses on the study of the concept, characteristics, function and role of the civil prosecutorial system while exploring into...