Analysis Of The Prosecution Filed A Civil Prosecution System

With the gradual development of market economy in our country, the accidents violating our country and social public interests frequently occur, but beyond the protection of the present Civil Public Prosecution. Therefore, the related scholars and people involved in this field have been carrying on an intense disputation, appealing to public attention and the establishment of Civil Public Prosecution System. Professor Yang Lixin even lists Civil Public cases in his academic websites into one of the tens hotspot civil cases in 2002. That is the main reason of my selection of this topic and roughly outlining. This article is mainly about the system of Civil Public Prosecution that can be used in China by analyzing various views at home and abroad, using other countries' mature legislative experiences as references, in the aim of perfecting our legal system and improving national and public interests. The paper focuses on whether to build Civil Public Presecution System which Procuratorial Institution proposes and represents some views on how to build this system.This article is divided into four chapters. The first chapter briefly defines the system of Civil Public Prosecution, its characters and universalities through studying many major countries' practices including China itself. The second chapter studies the relevant basic theories in this field. As it is Procuratorial Institutions that carry out this system, the article builds up the theory on the basis of relevant theories of litigation and prosecution. To support the feasibility of this system in China, the article also probes into four aspects, that is: legal basis, the right of disposing, the lawsuit structure and the differences between China and foreign...