Procuratorial Organs Should Not Be Used As Incidental Civil Action The Main Study

Civil suit collateral to criminal proceedings, which is launched to solve the compensations for the loss incurred by defendant's crime, is a specific suit arising from and collateral to the criminal action .It aims to save judicial resources and improve the efficiency as well as to provide the timely remedy and compensation for the victims. The victims who suffer substantial damage directly or indirectly from the defendant's actus reus are legally able to be the plaintiff of a civil suit collateral to criminal proceedings.Under China's constitution, procuratorates are legal supervisory organs, which are entitled with specific authority and function. With the development of socialist legal construction, the content of its legal supervision tends to be reasonable. However, tremendous changes have taken place in politics, economy and culture in modern China. State-owned and collective-owned properties are all under the management and operation of respective body. In such case, with the loss of legal foundation, procuratorial organs should resign from the role as one subject of collateral civil suit. If the collateral civil suit is still put forward by procuratorial organs, it will be not consonant with procuratorial organ's basic function: accuse and supervise. It also violates the civil procedure's principle: equality and volunteer without meeting the plaintiff's demands. So it's not only unreasonable, but also aggresses on victim's freedom of action. In addition, its legal provision is not clear and definite. It's very hard to be operated in practice. Therefore, there are no sufficient jurisprudential basics to support its identity as a subject of collateral civil suit.In many other countries, the procuratorial organs mainly represent their countries to investigate proceedings against a legal offender. Moreover, it supervises the enforcement of the law when the public interests are violated in order to maintain the public order and interests. It seldom intervene the civil procedure between the civilians legal person. We hereby argue that our practice cannot comply with the current international legal standard.When state-owned or collective-owned property are suffering from loss, they have rights,responsibility and ability to appeal to law to protect themselves. Procuratorial organs can make full use of their supervisory function. They urge the administrators of the state and collective property to put forward collateral civil suit. If they failed to fulfill their responsibility, they will be charged with malpractice. Otherwise, all property can be better protected by means of recovering, compensating and fining.Therefore, procuratorial organs shall not be regarded as one subject of civil suit collateral to criminal proceedings, it is unnecessary for procuratorial organ to put forward the collateral civil suit and we can infer that the item 2 in 77 clause of the criminal procedure should be cancelled.