Reflection Of Procuratorate's Civil Prosecution Function In China

Civil Prosecution refers to the function of the procuratorate in legal cases, to safeguard its national interests, social public interests and protect the legitimate civil law and order, within its special legal identity and status, takes judicial proceedings against the torts which harm the national interests, social public interests, or undermine the legitimate civil law and order, and asks the court to investigate civil liability of the violators. The procuratorate's prosecution functions of the civil prosecution is a general rule in the legislation all around the world, and it is also the realistic need of our social management at present. Theorists and practitioners have already made a lot of research and exploration, but it has still not been established in the legislation. But with the effort of the theorists and practitioners, the prosecution of the civil public functions will be able to has its place in the field of procedural law in the near future.This article deals with the overall prosecution functions of the civil prosecution, compares the civil prosecution with related systems, analyzes the legal basis, practical necessity and feasibility of civil public prosecutors'function, and explores several key issues of prosecution Construction in Civil Litigation, and at last give an exploratory design of the civil prosecution.Besides the introduction and conclusion, the full text is divided into four parts:The first part is the overview of the procuratorate prosecution functions. The author puts forward the concept of civil public functions and features of civil prosecution function, analyzes and compares the civil prosecution functions, the civil public interest litigation, legal representative, litigation support, civil urge prosecution, Protest and other related systems, then points out the differences between them and highlights the civil prosecution's functions'remedy to the limitations of the existing system. The second part is about the legal basis of the civil prosecution function and analyzes the the theoretical basis of the civil prosecution from the perspective of Constitutional and procedural law.The third part is about the social value and practical basis of the procuratorate's performing the functions of civil society. It briefly explain the realistic value of civil prosecution functions the procuratorate has been given from the perspectives of the social reality that the national interests, public interests, public order and good morals have been greatly damaged and the system reality of the subject vacancy in the judicial proceedings or judicial proceedings which are to start the main body of civil procedure system. And analyze the adequacy and feasibility for the procuratorate to file a civil lawsuit from the perspectives of our existing power distribution system, domestic and international social history and reality.The fourth part is about the construction of the system that the procuratorate fulfill the functions of the civil prosecution. The author gives detailed description of the fundamental principles of civil prosecution and the legal status in of the procuratorate in the civil prosecution, and designs the procedures of the civil prosecution based on the need of the legal practice.