Reflection On Competency Of The Procuration As An Accuser Of Commonweal Lawsuit

Commonweal Lawsuit is adopted as a newly used mode. Many highly developed countries in democracy and legal system have set up System of Commonweal Lawsuit in order to better protect the interests of the nation and the society, while there are no special regulations in the Three Lawsuits adopted in our county and it is distempered for the law protection system of the public interests. It is our urgent need to establish our own Commonweal Lawsuit System which can also better meet the need of consummate democracy as well as laws and arouse people's consciousness of protect the interests of our country and the whole society. Presently, academia has give much concentration on it while there are commonweal lawsuits appeared continually in our daily practice which have become the focus of our law construction.It is the problem about accuser competency that is the chief obstacle when the commonweal lawsuits follow the steps into the proceeding. Mostly commonweal lawsuits are rejected for the reason that the indictors don't have the accuser competency. Therefore we must break the choke point of Accuser Competency System which will result in possibility of establishing the Commonweal Lawsuit and availability in the routine law practice. Broadening the scope the accuser qualification is the tendency of lawsuit legislation which as been adopted by more and more countries so as to protect the interests of our country and society.This thesis is including Introduction, Straight Matter and Conclusion.Introduction:With the developing of our marketing economy and the social relationship complex, more lawsuits appeared in the area of civil and economy which violate greatly the interests of our country and society. But there could be so many trespass objects in such suits that it's hard to define the litigant. The great disparity of strength for both sides and the obstacle"qualifica"ion for the proper party"in theory make part of the misfeasors exonerative. The aim of setting up Commonweal Lawsuit system is to protect the interests of our country and society which breaks the bondage of"Direct relation between Advantages and Disadvantages"theory and broadens the confine of accuser competency, involving the Country Special Departments, social community and citizens themselves in the Commonweal Lawsuit.The Straight Matter is divided into four sections. The first section is about summarization of Competency of an Accuser in Commonweal Lawsuit, including the conception and features of commonweal lawsuit and the basic theory. Commonweal Lawsuit is a litigation action that is taken by the Country Special Departments, social community and citizens themselves to stick up for the common interests of the country and society.In the second section, the basic theories of Competency of the Accuser of Commonweal Lawsuit are discusses. The Theory of Commonweal Lawsuit challenges traditional lawsuit theory to fight which shows the confine of accuser competency has experienced the process of broadening with the development of theory of qualifica"ion for the proper party and right of action, which offers the theory basis for establishing Competency of the Accuser of Commonweal Lawsuit.. Meanwhile two disputes are discussed about whether the procuration is qualified to lodge a complaint within the present academia understanding.In the third section, status quo and morass of Competency of the Accuser of Commonweal Lawsuit in our country are discussed including the status quo of accuser competency in the knottiness of protecting the environment, the status quo of accuser competency in the knottiness of financial and revenue affairs, the status quo of accuser competency in the knottiness of anti-monopolization and the status quo of accuser competency in the knottiness of protecting the state assets. The facts that there's no regulation in present Law theory to define the accuser competency and the highly legal cost make it so hard for the accuser of commonweal lawsuit to litigate.In the fourth section the competency of the procuration as an accuser of commonweal lawsuits is discussed which should include the procuration who is of the status of State Public prosecutor. The procuration as a special law supervisor is supposed to have the right to prosecute on behalf the country. It is the real urgent need for the procuration to prosecute in order to prevent the state capital from losing and monopolization from forming. First, the function of procuration makes it become the representative of the country and society's commonweal. Second, the procuration's prosecution can make up the insufficiency of other groups under the circumstance of undound development of professional teem and immature team prosecution. Later, compared with the citizen individual and social organization, procuration has two evident resource advantages that are superior to the two objects. Last, procuration takes the civil action can meet the need of law supervising.