Research On Problems Of Supplementary Civil Action In Criminal Proceedings Lodged By Procurator Organ

According to Criminal Procedural Law of the People's Republic of China prescribes, procuratorial organ is regarded as one subject of civil suit eollateral to criminal proeeeding. In practice, there have been some civil suit eollateral to criminal proeeeding cases lodged by procuratorial organ, which has achieved some results, but this does not hide the shortcomings of the system. Procuratorial organ's position can not be clearly, provided that the conditions and scope of the case obscure, the existence of these problems in the practice of making the system are not well implemented. It is necessary to conduct research and analysis of the system.This first part is an overview of civil suit eollateral to criminal proeeeding lodged by procuratorial organ. Incidental to civil suit eollateral to criminal proeeeding lodged by procuratorial organ's concept, nature and purpose of the establishment of a slight benefit described below started.The second part is questioned of civil suit eollateral to criminal proeeeding lodged by procuratorial organ. The first question is the status of the prosecution, scholars formed numerous theories, but through the evaluation, we found that no one theory can fully equipped to bring criminal prosecution with civil status. The second and the third questions are, respectively, to initiate criminal prosecution with the premise and scope of civil questioned. Although all the provisions of existing legislation, but can not meet the needs of practical application, many problems appear in practice.The third part describes the current scholars to institute criminal prosecution system with the fate of civil debate. Scholars proposed to retain the reasons for the system in practice has achieved good results, the existing shortcomings and defects can be resolved through legislation or interpretation. Criminal Prosecution held by repealing civil system with scholars view that the system can not solve many problems, such as the lack of legal basis, etc., to the unity and integrity of legislation to repeal the system. In this, I also make their own point of view - abolition of the existing criminal prosecution with civil system, look for other alternative systems.The fourth part is mainly trying to learn from experiences of other countries to find solutions based on the text proposed in the author's recommendations. In this paper, in English, American, Germany and France for the four representative national study, to find feasible solution. Recommendations made by the author, any benefits there are certain carriers, we first need to define their respective rights of attribution, followed by the prosecution as the supervisory authority through its own powers and urge them to exercise their rights, maintenance of state property, collective property. In addition, we can also be achieved through other means of state property, collective property of the recovery and protection.In summary, procuratorial organ shall not be regarded as one subject of civil suit eollateral to criminal proeeeding.