On The System Of Civil Public Prosecution

Along with socialist market economy gradually establishs and the consummates, a series of new questions also constantly appear: State-owned assets runs off unceasingly, the environmental pollution and the monopoly case are serious day by day. In the society of rule by law and harmony, private interest and public interest should be protected on an equal basis. However, as a result of all sorts of reasons, the existing each system could not definitely be supposed to these new situations, the national interest, the social public interest as well as citizen's rights and interests are completely under being revealed on some species degree in various encroachment but can not get effective protection. It is testified by practice of many country that the harm to public interest can't be relieved only by government to tighten up the management. Under this situation, many countries in two genealogy of law have established public interest litigation, including civil public prosecution. In China, some procuratorial organs have carried out bold and beneficial trials.And these trials have got economy and social effect. But the biggest problem is that there is no definite legal basis. Under this background, whether constructs the civil public prosecution has become extremely the value research topic.In response to this situation, this article will study the civil public prosecution in detail, card its theoretical foundation, construct the initial procedures of the civil public prosecution to establish the theoretical support for the construction of the civil public prosecution. In addition to the introduction, the full text consists of three parts, about 30,000 characters.PartⅠis based on the realities of civil public prosecution. China now is building market-oriented economy system, with the deepening of china's reform and opening to the outside world, states interests and public interests are infringed upon now and then. The reason for the emergence of such a situation is the public interest litigation in reality ineffective. The civil judicial practice of the procuratorial organs shows that the civil public prosecution has a unique role in the public interest field. The civil public prosecution improve the system of the management and protection in public interest; it also can make public interest get judicial protect effectively and change the reality of public interest can't be protect efficacious, guarantee the healthy development of economy and society of China and legal system building of socialism smooth going.PartⅡis the theoretical foundation of civil public prosecution. From the positioning of the Constitution, the civil public prosecution is the functions of the procuratorial organs. Although there hasn't civil public prosecution in law, but it doesn't break the constitutional spirit. And what's more, civil public prosecution instituted by procuratorates has its sound legal foundations. From the nature of the procuratorial organs, welfare principle is the world civil prosecution generic , the civil public prosecution shows the world's procuratorial organs value, and consistents with the procuratorial organ's nature in China. From the theory of the Code of Civil Procedure, the right of civil public prosecution is based on the theory of civil right of appeal, including the litigant suitable standard theory and the benefit of suit.PartⅢof the article is the initial indictment of the civil public prosecution. Although there is sufficient practical and theoretical needs, but as a specific process, we also need to construct a detailed procedure to regulate its proceedings, to enable it to protect the national interests and social interests of the public. This chapter will construct the civil public prosecution initially from the basic principles, scope and the powers of civil public prosecution.By research on the theory of the civil public prosecution, the author thinks that the chance for China to establish the civil public prosecution will soon ripen, and we can construct the civil public prosecution. And by the practice of litigation, we can perfect the civil public prosecution step by step. To make public interest get judicial protect effectively and change the reality of public interest can't be protect efficacious, guarantee the healthy development of economy and society of China and legal system building of socialism smooth going.