The Current People's Procuratorate Files The Supplementary Civil Action The Difficult Position And The Outlet

acts according to our country Law of Criminal Procedure the stipulation, if the state property, the collective property suffer the loss as a result of accused person's criminality, the People's Procuratorate is mentioning the appeal time, may file the supplementary civil action. But in the judicial practice, the People's Procuratorate mentions criminal supplementary civil action this authority the fulfillment regardless of is in the People's Procuratorate, in its exterior, all encounters many difficulties and the resistance, thus causes the People's Procuratorate to fulfill mentions criminal supplementary civil action this authority to fall into the legal rule not to be clear about, internal performance not not positively, exterior coordination not close, the system saves waste has the dispute layer on layer the difficult position. This also is although in reality national, the collective property suffers the crime infringement to drain repeatedly seriously, but criminal supplementary civil action case actually very few primary cause which mentions by the People's Procuratorate. The People's Procuratorate files the supplementary civil action the realistic condition, without doubt contradicts with the system design original intention, truly has not played attacks the crime economically, protects, the collective property role state-owned. This article attempts from the real diagnosis angle embarks, in mentions difficult position obtaining from Suzhou area Basic unit People's Procuratorate which the criminal supplementary civil action in the practice faces, inquired about the difficult position produces the reason as well as solution and the outlet, how regarding do consummate the People's Procuratorate to file the criminal supplementary civil action, causes the function which this mechanism display should have to carry on the discussion. The author believed that, knew in the dispute and the legislation is not clear about, is causes the People's Procuratorate to file the supplementary civil action to fall into the current difficult position primary cause. Through carries on the analysis to the dispute focal point, the author believed that, the People's Procuratorate mentions supplementary civil action this system to have its realistic rationality, the People's Procuratorate is in the public welfare lawsuit representative's legal status in the supplementary civil action, mentions the supplementary civil action case the scope not to be supposed to receive loses the reason and the crime method limit. In this foundation, the author believed that, must cause the People's Procuratorate to mention the function which supplementary civil action this system displays its should have, not only needs the People's Procuratorate internal endeavor and further takes, also needs to be clear about the supplementary civil action in the legislation the case scope and mentions the condition, and further consummates the supplementary civil action to carry out the mechanism.