Civil Public Prosecution Instituted By Prosecutorial Organization

Public prosecution arise from ancient Rome. The violation on that Prosecutorial Organization can raise an action for the purpose of state intercept and soul public interest can be found in the code of France, Japan, Germany, U.K., U.S.A., and even in some socialist state such as soviet and cast span countries. China regulated those but abolish sheaf in the following stage. The present civil procedure Law legalities that the People's Prosecutorates shall have the right to oversize legal supervision over civil proceedings with protest. It's the occurrence of state owned asset's erosion and pubic hazards action such as environmental. The safeguard to public interest should be included in proceeding justice. And in practice subject advocating the right is loped to represent the interact of state and society. The author believe that prosecutorial organization should be entitled the right to institute a civil proceeding . The reason read as the following: 1) the objective demand of social economical development; 2) the basic demean of duty to fulfill legal supervision comprehensively; 3) the requirement to protect the social public interest; and4) the requirement to perfect proceeding institution. As the same time, civil public prosecution by prosecutorial organization in China is feasible and could be supported not only on the theory but also law making and even in practice. Certainly, it's necessary to regulate the field of civil public prosecution raised by the prosecutorial organization. A case would be raised to public prosecution should meet the following requirements: 1) a special civil subject has damaged the public interest of the state or a collective. Of course, the prosecutorial organization interest but in fact it has threatened the public order, 2) the litigation mechanism in not proper; And so, the present civil public prosecution should better be limited in the following: the case of state-owned asset's erosion; the case of trespass to social public interest, including environmental pollution, monopoly, unfair competition, violate to public social moral and so on; the others. This article discuses some proceeding on the civil public prosecution and holds that the civil public prosecution raised by the prosecution organization should follow four steps: placing a case; screening; review and prosecution; raising the prosecution. The end of the article suggests the legislative suggestion from the substantial and procedural suggested for the institution of Chinese civil prosecution.