On Civil Suit Filed By Procuratorial Organ

Civil public prosecution is the popular expression of civil suit filed by procuratorial organ. It refers to the system that the procuratorial organ considers the person capable of disposing whose behaviors have violated the regulations of civil law and have trespassed the great rights and interests of the country, the community and the civic should hold civil liability. After investigation, on the basis of clear facts and conclusive evidences the procuratorial organ prosecutes for the people's court to claim him take upon civil liability.It is legislate standard practice in many countries, and corresponds with the nature of procuratorial organ which is regarded as a national law supervisory organ. It is a system which adapt to the present situation that various social effects of pollution incessantly grow and social public welfare hungers for protection during the course that our country is in motion of market economy and further reform on the economic system. But due to the imperfection of legislation, the execution of 'civil public prosecution' has no basis. As an item of specific system ,many questions about theory and technique need to study if the system of 'civil public prosecutoin' is going to be firmly established in our country.The first chapter of the paper analyzes the regulation on the system of civil suit filed by procuratorial organ abroad and reviews the development of this system in our country. This part indicates the significant meaning of establishing the system of civil suit filed by procuratorial organ.The second chapter confers on the basis which civil suit filed by procuratorialorgan rationally. After analyzing the opinion of both sides which confirm or deny the system of civil suit filed by procuratorial organ as well as the urgent need of practice and the basis of law and theory about the system, this part points out the necessity and feasibility of the establishment of the system.The third chapter explores the procedural design of the system of civil suit filed by procuratorial organ. First, this part discusses two questions of much dispute: the scope of civil suit filed by procuratorial organ and the legal status of civil public prosecution. Second, it addresses the ideas to solve questions in procedural design. Finally, this chapter puts forward the advice to perfect the system of procuratorial supervision in civil suit in two ways: one is to supplement and perfect the contents of legal supervision power implemented by the procuratorial organ in the current Law of Civil Procedure; another is to systematically stipulate the supervision function ofprocuratorial organ by building up another law-Law of ProcuratorialSupervision.