China's Civil Prosecution System Construction

Civil prosecution is a system that the procuratorial organization takes civil actions toward the court, looking into civil obligations against law-breakers, so as to maintain the national interests, public interests and legal rights and interests of specific citizens. Clarity of the theory of civil actions' aim, dilation of the theory of parties' proper competency, and convergence of public interests and national interference principles provide this system with profound theoretic bases.France is the country which built the civil prosecution system earliest in the world, and has definite and concrete regulations on its procuratorial organizations taking part in civil actions in its substantive and procedural laws. American procuratorial organizations have extensive power, and play an important role in civil cases concerning the national interests and public interests. As the national legal supervision institution, procuratorial organizations of the former Soviet Union have power to take civil actions, or take part in actions at any stage, in order to protect the national interests, public interests and citizens' legal rights and interests. In modem times, that the procuratorial organization takes civil prosecutions representing the nation and public interests has already been a common tradition in most countries of the world.However, the civil 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 organization 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.