Studies On Conducting Public-Welfare Proceedings By Procuratorial Institutions

It's a usual practice in the world to conduct some public-welfare proceedings by procuratorial institutions, which aims to protect the interests of the nation and the public and to intervene the social economic development. Empowering the procuratorial institution to conduct public-welfare actions to protect the interests of the nation and the public is becoming more and more urgent in our country.This paper consists with five parts. The first part explains the theory basic of the procurators conducting public-welfare actions: on one hand, the development of the theory, that is right of action, makes procuratorial organs be the proper party in the public-welfare lawsuit; on the other hand, the governmental intervention in the field of private law makes it so impendence and needed for procuratorial organs to be the right party in the public-welfare action. This is one of the important characteristics of the modern society as well as the development of the legal system. The second part introduces the circumstances of public-welfare proceedings by procuratorial institutions of the main two law systems of the other countries, in order to get some common points of view for our legislative body to refer to. The third part analyses the necessity of conducting public-welfare proceedings by procuratorial institutions. In our country now, the problem that there is no perceiver to conduct public-welfare proceedings and to protect the interests of the nation and the public makes it necessary for procuratorial institutions to take the task. The forth part elaborates the scope and principles of conducting public-welfare proceedings. The author thinks that procuratorial institutions should follow the principles of welfare of public, necessity and equal legal position in the suit of public welfare procedure. And the scope should be illustrated specifically also. The last part talks about the status of the procuratorial institutions in the public-welfare proceedings and some problems should be paid attention to. The procuratorial institutions should be plaintiff in the lawsuit, as equal as any other ordinary party without any privileges.