On Procuratorial Organ's Filing Civil Suits

Procuratorial organ's filing civil Suits refers to the system that the procuratorial organ, in the name of national and public interests, files the lawsuit procedures under the law for the civil cases which need to be sued by the procuratorial organ as the agent of lawsuits and asks for the lawful adjudication by the People's Court. It's the legislate standard practice in marry counties and has been one of the pop social topics in our country recently, attracting widespread attention of learning community and pragmatic community. It corresponds with the supervisory nature of the procuratorial organ as a national legal supervisory organ, and adapts to the present situation that various social hazards incessantly grow and social public welfare hungers for protection during the course of the operation of the market economy and further reform on the economic system. But due to the imperfection of our legislation, the execution of civil suits by procuratorial organ still has no legal basis. It still needs theoretical and technological research to establish the procuratorial organ's filing civil suits as an item of specific system in our country firmly and systematically. Since the execution of procuratorial organ's filing civil suits has its practical value of further perfection, I take it as the topic of my thesis. As a beginner in Procedure Law, it's really challenging for me to make an accurate and profound research into the nature and to give a comprehensive picture of the new, specific system. Nevertheless, I will exert myself to the utmost for the completion of my thesis, although there're butterflies in my stomach. Unavoidably, there're errors and mistakes in my thesis for my skin-deep knowledge and naive research. I'm sincerely ready for the rectifications of honorable teachers and senior fellow apprentices.The first chapter of this thesis adopts the comparative method of research. It investigates the history of the procuratorial organ's execution of civil suits in foreign countries and comments on the development of this system in our country. By comparing and analyzing the different social background and theoretical basis for the establishment of this system at home and abroad, this chapter finds out some similarities and fundamentals so as to summarize the theory and basis for this system.Meanwhile, this chapter points out that the establishment of procuratorial organ's filing civil suits in China is not only a problem of transference and return of law, but also a problem of adaptation to domestic history, culture, social value and ideology,i.e., a problem of localization of legal system. We advocate establishing the system of procuratorial organ's filing civil suits with Chinese characteristics instead of blind imitation.The second chapter makes rational analysis of the basis on which the procuratorial organ files the civil suits. It makes the detailed statement of the attributes of the procuratorial organ's rights and the value of this system, thus leading to the conclusion that it's necessary as well as feasible to establish this system in our country.The third chapter explores the procedural design of the system of procuratorial organ's filing civil suits, which will be elaborated in the following three parts.First, it makes an introduction and analysis of the legal status of this system according to learning community.Then, as it discusses, we need to distinguish between different significances of using it in order to form a correct recognition of its legal status:1)The prosecution organ has its substantial legal status in civil suits.2)The procuratorial organ has its legal status in the sense of prosecution in civil suits.3)The procuratorial organ has its legal status in different forms of participation in civil suits.4)The procuratorial organ has its legal status within the limitation of basic structure of civil suits.Based on the above distinctions, there exist two levels of the understanding of its legal status:1)It has the legal status of a party to a law suit when it files a civil suit.2)It doesn't play the supervisory role in the lawsuit on the condition that it is a party to a lawsuit.Furthermore, it deals with the appropriate degree the execution of civil suits by procuratorial organ.1)It confirms the principles of the execution of civil suits by procuratorial organ. It holds the view that we should abide by the principles, based on China's realities and other countries' precedents, such as combining judicial autonomy and national public prosecution, protecting the public interests and keeping up with the times.2)It defines the scope of civil suits filed by procuratorial organ, confining the prosecutorial organ within five categories: cases infringing national assets, cases of prosecution, and other severe civil cases involving national, social and public interests.3)It imposes restrictions on the conditions on which procuratorial organ can file the civil suits. The formal, substantial and procedural conditions constitute an organic system, which sets the restrictions from formal, substantial and procedural perspectives.Finally, this chapter discusses about a couple of important and specific problems in procedural design. It emphatically makes a brief account of some basics, like administration of cases, preparatory procedure of pre-interrogation, responsibility of offering testimony, countercharge, reconciliation and charges for prosecution, etc.