Preliminary Discussion The Public Civil Litigation Taken By Procuratorial Oragn

civil actiones publicae populares emerged as a new social and legal phenomenon in China in recent years, which caused the extensive concern among academic circle and practical institutions. particularly Entrust the authority of procuratorial organ civil take public lawsuit became the theory and the solid service popular focal point. Entrust the authority of procuratorial organ civil take civil actiones publicae populares is an important content for procuratorial system reform in our country.But because of the present"Civil procedure law"had not stipulated the authority of the procuratorial organ files the civil action. It has Seriously limited the function of procuratorial organization which in the protection of national interest, the society and the public interestaspect should display.The author tries hard to utilize the real diagnosis inspection and the comparative law method to mention the civil action system about the origin of the procuratorial organ and the development carries on the analysis And carries on the thorough inspection to the Chinese realisticnational condition and then thought the procuratorial organ to file the civil actiones publicae populares is necessary and also is feasible in our country.Besides the introduction and the concluding remark, The full text divides into four parts.The first part in this article generalizes the concept,characteristics and value of the civil actiones publicae populares taken by procuratorial organ. Looking far into the civil actiones publicae populares of the main legal system states, the civil actiones publicae populares taken by procuratorial organ is a form in common use. Procuratorial organ has the right to supervise and intervene judicial activities, whose key intervention is to protect the state interests and social commonweal. The main forms of supervising and intervening judicial activities by procuratorial organ is taking legal proceeding and participating in legal proceeding with a rather widespread right and duty. At present, it hasn't any legislation for procuratorial organ of our country to take the civil actiones publicae populares.Part 2 is about the legislation and the true symptoms inspect on the system of taking civil actiones publicae populares by the prosecutorial organization.which make a review of the legal histories of English America legal system country and mainland legal system country with Using real diagnosis analysis and crosswise comparison method , As well as the present situation our country procuratorial agency mentions the civil actiones publicae populares system and analyzed the main questions and its the reason which in the country civil actiones publicae populares exists.Part 3 is about the theory probing on our country's system of presenting civil actiones publicae populares by the prosecutorial organization. Firstly, it makes an analysis on the theory fundament of our country's system of presenting civil actiones publicae populares by the prosecutorial organisation. And analyzed deep Tibet to the behind reason is the lawsuit main bodyvacancy Then, I enumerated the current four main questions about our country civil actiones publicae populares domainexistence from the consummation civil actiones publicae populares system Aspect. Finally I draws out the necessity to entrusts the authority with the procuratorial agency to mentionthe civil actiones publicae populares.Part 4 is about the design of our country's system of presenting civil actiones publicae populares by the prosecutorial organization. The penman here initially presents the basic structure of our country's system of presenting civil actiones publicae populares by the prosecutorial organization. In the system content, it firstly draws the extent of presenting civil actiones publicae populares by the prosecutorial organization and then puts forward its own opinion on the lawsuit status of the prosecutorial organization in its presented civil actiones publicae populares as well as its own right and obligation in the subject and program And again in this foundation has carried on the programming.