| There are some kinds of property controversy in most of civil actions. Because human being's property right is ordained and endowed by the material law, when his interests are trespassed, he can lodge a complaint to ask for judiciary protection. National's interests and social public interests are both protected by the law, but when they are under trespass, they can't get available protection. This is a reality. How to protect national and social public interests in a valid way has became a real-life problem that needed to be solved imminently in the Primary Stage of Socialism. In this article, the writer tried to give some viewpoints about this problem after researching the national intermeddle system of the actiones publicae populares.Our society is still in the Primary Stage of Socialism, and law about civil cases and economic cases are not detailed. People are usually indifferent to the trespass upon national interests because of the lake of legal sense and some other things. First, there are gaps in our protecting national assets system, that is to say, no civil law adaptable to national assets protection is available: when the national assets are damaged without it's keeper's protection, no civil action would be taken. Second, in the period of economy system's changeover, there is a bursting increasing of cases that disturb the economic code, and many cases damage the consumers' interests and environment. The object trespassed in these cases is the citizen's grave interests. In the three actual litigant laws of our country, except the criminal action has its pubic prosecution system, the accuser must be in direct interest connection with the case. The result of this system is the principal part is limited in many respects. In the writer's opinion, there is flaw of the legislation and judicatory in solving the actiones publicae populares cases, i.e. the material law and adjective law are disjoint and lacuna in trial of these cases. The lacuna of adjective law results in the disappearance of the material law's principle, so national intermeddle system must be taken in to force before actiones publicae populares system is founded. In order to protect the national interests and public interests, the writer advised to found a civil action system to intervene in these cases.In this article, the writer first talked about the precondition for the court prosecutor to intervene in these cases. The writer studied the public prosecution system and drew a conclusion that prosecutorial power was different from both judicial power and executive power. The core of prosecutorial power is juristic supervisory power. The writer also studied the relation among prosecutorial organization right of civil action, litigant's right of disposing, judicial power and juristic supervisory power. Our social system is socialistic, and public ownership is dominant in our social ownership system, so protecting national and public civil rights is very important. It's possible for prosecutorial organization to intervene in civil actions for its responsibility for safeguarding public interests. Prosecutorial organization is not a general litigant, and it intervenes in civil actions as a special proctor, so it will not disturb the normal pattern of civil action's case when prosecutorial organization intervenes in this case. The right of public prosecution and judicial supervisory power are both procedural powers, and prosecutorial organization's instituting public prosecution is a method to implement legal supervision. Legal supervision is the purpose of lawsuit. There isn't a conflict between the right of public prosecution and the judicial supervisory power. We implement the right of public prosecution in order to invoke legal supervision better.Second, this article elaborates the feasibility and necessity of endowing prosecutorial organization with the right of civil action. It is prescribed in our law that People's Prosecutorial Office is a national special judicial supervisory organ. It is endowed with...
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