On The System Of The Procuratorial Organization Participating The Civil Public Prosecution

With the development of the market economy in China, Many lawsuits of the public benefit come forth. However, what is the public benefit? Where do the lawsuit of the public benefit come in to being? What is the status of the lawsuit of the public benefit in other countries? There is the legislative blank of the lawsuit of the public benefit in China. At the same time, it is very difficult to initiate the lawsuit of the public benefit in the Chinese judicial practice.Because of these problems. Writer wants to sum up the legislative process of the right of the civil public prosecution of the procuratorial organization in Chinese civil procedure law, by summing up it that is from the initiating to the amending and to the cancling, and to study the way of the lawsuit of the public benefit in Anglo-American law system and Contitutional system. From the constitutional system, writer argues the station of the procuratorial organization in the civil lawsuit, the meaning of the right of the public prosecution of the procuratorial organization, the relation with the civil public prosecution and prosecutorial supervision, the basic theory and the law basis of the procuratorial organization participating the lawsuit of the public benefit. Then writer argues that if the procuratorial organization participates the civil public prosecution, it will avail to defend the public benefit, to realize the social justice. At the same time, from amending the socialist legality, writer also argues that it is necessary for the procuratorial organization to participate the civil public prosecution. From the Chinese judicial practice, writer analyses the experience that some parts of districts initiate the civil public prosecution and support prosecution. Based on the these analysises, writer concludes the theory basis and practical experience of the procuratorial organization participating the civil public prosecution. Then from the lawsuit theory and judicial system, writer also analyses the problems when the procuratorial organization participates the civil public prosecution. At last, writer images the way of the procuratorial organization participating the civil public prosecution, the principle how to confirm the scope of the lawsuit of the public benefit, and then writer analyses the right scope of the civil public prosecution of the procuratorial organization, the status of the procuratorial organization in the civil public prosecution.