The Probe Of Construction Of The Institution Of Civil Action By Public Prosecution In China

It is universal in most states in the world that entrusting procuratorial organ with right of civil prosecution in a certain scope. No matter capitalist countries or socialist countries, no matter common law nations or civil law nations, although their politic system, procuratorial system, cultural tradition are different, as a rule, execution of civil procuratorial is in varying countries. In China, the dispute of whether we should transplant the system in our civil procedure is continued all along, especially, after civil prosecution firstly turned up in a case in Fangcheng, Henan province. The argument of supporting and opposing promote our deeply acquaintance of procuratorial system and civil suit. At present, it is significance both in theory and practice to study the feasibility of civil prosecution in our country and make the system design. This thesis explores and compares the specific of civil prosecution, the operation process and the reason to implement such procedure in the mainly civil prosecution applying countries. At the same time, the writer analyses its theoretical basis and its probability and necessityThere are four chapters in this thesis with about 35 thousand words.Chapter one introduces concept of civil prosecution and studies civil prosecution system in other countries.Chapter two analyses the theoretical basis of establishing civil prosecution and the reasons of establishing civil prosecution.Chapter three attempts to construct civil prosecution in China. Chapter four expounds legislative proposal of establishing civil prosecution system in China.