Research On The Question Of The Civil Public Prosecution

The public prosecution power is a result that the State intervenes the individual interests disputes. It has the essence or characteristic of relief or maintain public interest, which be determined is not merely belong to field of criminal lawsuit. When the benefit of the State and social public interests are encroached on by the civil illegal acts. The Prosecutor Institution behalf of State is due.The Civil Public Prosecution defined as civil litigation system that Prosecutor Institution as representative benefit of the State and social public interests in pursuance of lawful extent and procedure of proceeding to procedure civil illegal acts that damage public interests and ask Court to judge it. As a sort of litigation system, it has justice, efficiency, restriction and balance value intension.In the Civil Public Prosecution, one hand, the status of litigation between Prosecutor Institution and adversary parties are equality, which enjoy the equal lawsuit right and undertake the equal lawsuit obligation. On the other hand, Prosecutor Institution realize that supervision for civil entity acts through prosecute, which realize that supervision for civil proceeding acts through higher level exercise legal supervision power at the same time. So, The Prosecutor Institution has the legal status of special litigant in lawsuit.In the Civil Public Prosecution, Prosecutor Institution has right of punishing entity. It can be accommodated and reconciled with the adversary parties. It can withdraw and alter the claim or put forward the size of claim in case of tort. But, The Prosecutor Institution exercise the right of punishing entity has been restricted strictat the extent and procedure. The Prosecutor Institution can not repel administrative that maintain and supervise benefit of State and social public interests exercise the civil lawsuit right. In other words, The Prosecutor Institution can not exercise the civil prosecution power unless be authorized of the administrative or law. At present. The Prosecutor Institution is able to encroach on State-run assets, take a heavy toll, monopolize and harmful to interests of consumer three sorts of cases prosecute.