Our Prosecution Filed Civil Procedure Systems

In recent years, with the deepening of our country's reformation and opening up, the national interest and social public interest have been increasingly harmed, and such interests can not be availably protected through the currently practiced civil actions. Whether it is necessary to set up the system of presenting civil action by the prosecutorial organization and how to set up such a system has become an important subject noticed by the academicians.The traditional law theory regards that civil action is a way of solving the trouble among the equal civil subject and a relieving measure with which any subject of civil rights can make a lawsuit for gaining a protection by the judicial organ, when it is subjected to harm on its private right and interest. However, the legal system is an inevitable reflection of social economic life, and the economic development can inevitably bring forth the complexity of social problems, especially, since 20th century, there has appeared various problems such as industry monopolization and environment pollution, in which the involved harmed subjects are weaker in strength and more in number, and are hard to protect their own legal rights and interests through the traditional civil action and simultaneously, such problems have also brought forth severe threatening to the public interest. Many countries' governments permit the prosecutorial organizations that bear the work of supporting State's public prosecutions on criminal affairs to make and participate in the civil actions. Especially as to any civil action involving the national and social public interests, the prosecutorial organization can present an independent civil action.There ever existed the system that any civil action may be presented by the prosecutorial organizations in our country's mainland respectively during the period under the KMT government's predomination and the early days after the new China's founding. But the legal system during the early days after the new China's founding went through a course that there initially appeared a budding system of presenting civil actionby the prosecutorial organization, but later it was denied by the legislation. The reason is that our country's prosecutorial organizations are defined as ones, which bear the duties of presenting public prosecution on criminal affair, but performing legal supervising to the civil action.Here the penman, through making an analysis on the origin and development of the system that any civil action may be presented by the prosecutorial organization with principally using the methods of history review and the law comparing and also a deep review on China's actual national condition, obtains a conclusion that in our country, accepting a way of presenting a civil action by the prosecutorial organization is necessary and feasible. On such a base, the penman puts forward a primary design on the system of presenting civil action by the prosecutorial organization in our country.This article, except foreword and backward, is divided into following four parts: Part 1 is about the principal problems and reasons existing in our country's civil action. It points out that there exists four principal problems in the field of our country's civil actions at present and also makes an analysis on the reason hided in the back - the absence of subject of action. Followed, it shows the ideal way of analyzing and solving such problems and then brings out the analysis on the system of presenting civil action by the prosecutorial organization.Part 2 is about a history review on the system of presenting civil action by the prosecutorial organization, which make a review of the legal histories of UK and USA, mainland and socialist countries as well as the historic development of our country's system of presenting civil action by the prosecutorial organization with principally using the methods of history analyzing and transversely comparing so as to provide sufficient datum for re-building the system of presenting civil action by the prosecutorial organiza...