On The System Of Bringing Civil Action By The Procuratorial Organs

It belongs to the civil public interests lawsuit that the procuratorial organs brings civil lawsuits and is a special form of the civil contentious procedure of our country, it is the result of socialization of people's production and living day by day, it is crystallization and behavior of development of the modern lawsuit system. It refers to the civil suit activity that the procuratorial organs brings the civil action to the behavior of violating country's civil and economic laws, encroaching country's and social public interests and good custom in the civil and economic activities, and requires the people courts to try and investigate illegal actors' legal liability in accordance with the law in order to protect the country's and social public interests. The current law has not made the clear regulation of this system of our country yet, and is still in the stage of theory research and practical exploration at present. This text tries to carry on summing up, and analyzing and judging systematically the theory research results of the system. I analyzed and summed up the concept of it at first, and investigated the historical state and current situation of the development of Chinese and foreign system of bringing civil suits by procuratorial organs. Secondly, this text proved the supervision theory, the dealing right theory, party theory, lawsuit trust and so on theoretical foundation of setting up the system and practice meaning of it protecting the country's and social public interests, improving the civil procuratorial supervision, moreover, the procuratorial organs' legal status of the spokesman of country and social public service in bringing the civil action. Finally, this text plans to study how to construct the basic system of bringing civil action by the procuratorial organs on the basis of legal systems' localization in our country, this system includes terms, case range, the way of bringing civil action by the procuratorial organs, etc, in the hope of casting a brick to attract the jade and arousing concern of colleagues in law circles on this problem.