Research On The Power Of Civil Public Prosecution

Civil public prosecution refers to the system where procuratorates, for the purpose of safeguarding public interests and in the name of the state, initiate a specific kind of civil cases to trial according to law.Although we are progressing on the way to a society ruling by law, it often occurs that a publicly related matter can not be regulated by either the criminal or the civil law system. In the author's point of view, the prosecution organization should shoulder on the responsibility of safeguarding both the state's and the people's interests. It is a common knowledge that a power can not be given to a institution at will, and before a power is given, three factors should be considered, which include the essentiality, feasibility and methodology of the assignment of power. The thesis is composed of four parts.In the first chapter, the author analyzes the essence of the power of Civil Public Prosecution and the contents of it. Basing on the analyses, he explains the significance and functions that the power of Civil Public Prosecution has in the Civil Public Prosecution. In the second chapter, the author accounts some foreign theories and legislations according the power of civil public prosecution. He uses these countries' experience as the reference to our allocation of the power of civil public prosecution in China. In the third chapter the author defines two key words. One is the essentiality of giving the power of civil public prosecution to the prosecution organization. And the other is the feasibility of giving. In the following part of this chapter, the author states his own arguments for the essentiality and the...