Research On Public Service Lawsuit Prosecution Right By Procuratorial Organ

Whether the procuratorial organ could lodge a complaint of public service lawsuit is an important subject that the theory circle of law science studies has probed into in recent years. It has positive function in strengthening the research of prosecution right in public service lawsuit and perfecting the lawsuit function of procuratorial organ, perfecting the civil administrative litigation system of our country, as well as protecting social public interests. The issue of enduing the procuratorial organ with prosecution right in public service lawsuit is still a controversy in the theory circle, however, through an investigation of reality, history and legal principle, I think procuratorial organ should be given prosecution right in public service lawsuit. Only by giving procuratorial organ such a right can it protect public interests in the real sense. The combination of doctrines of public service and supervision in a broad sense can offer the abundant theoretical foundation for our country to reconstruct the mechanism of civil action in the procuratorial organ.Cases of encroaching on state-run assets, public hazards, monopolizing and illegitimate competition and other great civil cases related to national benefit, social interests and public interests, should become the main case in public service lawsuit. The legal status of procuratorial organ among the lawsuit should be fixed as the public prosecutor and the law supervisor concurrently at the same time. The process of the public service lawsuit should include placing on file, investigating, collecting and examining various kinds of evidences, determining whether to litigate or not according to the fact and law, and then entering the proceeding. The civil law of our country and rules of organization of procuratorate should be revised to endow procuratorial organ with...