Research On The Issue Of The Civil Public Prosecution System

Civil public prosecution refers to the procuratorial organs in the case of legal provisions to safeguard the national interests,public interests and the country's name will be submitted to the court trial system. Accompanying in the fact that our country market economy swiftness developing and reforming and opening continuing,the number of law cases which are infringing upon the country and common interests of society are more and more.This is the modern world the overwhelming majority of countries from legislative grant a right of the procuratorial organs.As legal supervisor,procuratorial organs launched a lawsuit for public interests are the duty of the procuratorial organ.However,the civil public prosecution system is in a vacant condition in our country.As a result,the national interests,public interests and legal rights and interests of specific citizens can not be protected lawfully and efficiently.This condition can't adapt to realistic demands of our market economy and opening policy.It doesn't fit in with constitutional status of the procuratorial organ of our country,or doesn't benefit for it to perform the legal supervision function sufficiently,either.Therefore,it is quite necessary to construct this system in our country.Foreign systems and practical experience nowadays of our country provide reference of feasibilities for construction of the procedural system meanwhile.When emending or constituting laws in the future,we should regulate this system definitely and concretely.In addition to the introduction and conclusion,the full text consists of four chapters:Chapterâ… is an outline of the civil prosecution.At beginning,author summarizes the concept and identity of the civil public prosecution and then has carried out detailed discussion on the power of civil public prosecution's character.At the end of this chapter author suggest that the power of civil public prosecution is a part of the power of legal Supervision.Chapterâ…¡is an historical overview of the civil public prosecution. Through two big legal systems countries and former Soviet Union procuratorial agency civil appeal system historical inspection,had proven with the full and accurate material this system has the profound historical background and the origin,and has carried on some comparisons and the evaluation to the different national system.Chapterâ…¢is based on the realities of civil public prosecution.Author analysis the essentiality and feasibility for establishing the system of civil public prosecution.Both representatives from the main public reality deficiencies,or from the civil procuratorial powers and improve civil needs of view,the establishment of civil public prosecution should be put on the agenda.Also as a result of the overwhelming majority of countries in the world have such provisions,even our country just after the founding of New China has this law,and more are in the current judicial practice,the establishment of this system is entirely feasible.Chapterâ…£is the legal opinions for establishing the system of civil public prosecution in our country.At first author discusses the scope of the civil public prosecution case detailed exposition.Final part of the article author has brought forward concrete legislation idea,and giving advice for emending or constituting laws in the future...