China's Procuratorial Organs To Bring A Civil Action Research

Filing a civil action by procuratorial organs, as an important legal system, emerged in the 18th centuries French Bourgeois Revolution. Having experienced improvement and development, it has been adopted by most countries in the world now.With the reform and opening to the outside world, the achievements that attract worldwide attention in the each cause of socialist construction have been obtained in China. But the problems with it, such as the drain of the state-owned assets, environmental pollution and monopoly, etc have become more and more serious. Under the current circumstances of absence of enacting laws, the general concern of the theoretical and pragmatic circles is how to provide judicial relief to the damaged national interest and social public interest efficiently. In China, studying actively on it, procuratorial organs have accumulated a wealth of experience.The accurate definition of "procuratorial right is the right of legal supervision" makes procuratorial organs base on the right of legal supervision. It can supervise not only the legality of civil judicial activities but also the general civil activities, namely, the legality of civil activity subject's civil activities. With the recent development of the theory of civil actions, extension of litigant limits and litigation benefit limits, especially the introduction of litigation trust system, procuratorial organs gain the litigation right through legal trust way and solve the legitimate litigant's problems procedurally. As there is national interest and social public interest that surpasses personal interest in any society, it is necessary to supervise and restrain the personal right, which corresponds with state power. Filing a civil action by procuratorial organs is just the reasonable application of the state intervention theory in the field of civil actions. The development of civil actions' aim and value theory makes people allocate the judicial resources reasonably from the view of economics and try to achieve the best point of combination between fairness and benefit, that is the maximum of benefit. It provides a strong theory support for the establishment of the system of procuratorial organs' filing civil actions.From the aspect of concrete system construction, as the procuratorial organs filelawsuits on behalf of the state, the status of state public prosecutor decide that they enjoy the lawsuit right and fulfill the lawsuit obligation that can not be equal to that of the ordinary litigant. For example, they must shoulder the responsibility of state compensation if they don't pay the lawsuit fee or abuse the public prosecution power, etc.