Filing A Civil Action By Procuratorial Organ

With the rapid development of China's economy, people's living standard has improved greatly. Meanwhile, cases, which are detrimental to the national, social, and public interests, have been increasing. How to protect the national and public interests has been an urgent issue. By analyzing current Chinese legislative status of civil procuratorial system, we can conclude: procuratorial organ can only counterplea the wrong civil judgment and rulings, which are effective. At the same time, there are more and more cases that are filed by procuratorial organ in the judicial practice in order to protect the national, social and public interests. The paradox is that there is not any law that grants such power to procuratorial organ.Inspecting the civil proceeding law in most countries, we can know that it is a common practice for procuratorial organ to file a civil action for the purpose of protecting the national, social and public interests. Aiming to perfect the country's civil procuratorial supervision system, I will discuss the issue in four parts in the essay.The first part is the extraterritorial inspection for a civil action filed by procuratorial organ. Inspection ranges from common law nations, civil law nations to socialist legal systems. The conclusion with general meaning can be drawn.The second part includes the legal basis for prosecution, the need and feasibility to initiate civil proceedings .In this part, I focus on the analysis of the power's origins with procuratorial organs initiating civil action.The third part is about several procedural issues.