| China is in the period of deeply social transformation. Public interests are infringed upon now and then such as states assets are faced with misapporation seriously, which due to the benefits allotment is not all in this period. Public interests can not be protected because of im-perfection of litigation and Judiciary. The civil prosecution by the procuratorial organs was established in this background. As one of the components of public interests litigation, civil prosecution refers to the procuratorial organs in the cases of violating the national interests public interests, the public order and the kind customs, in order to safeguard the publical interests, the procuratorial organs initiate litigation as plaintiff or participate in the litigation as the assistant of client. In order to resolve these new types of dissputes, the civil prosecution by the procuratorial organs should be established and implemented in todays china especily in the period of social reforming.Firstly, the author analysis this article from the concepts of the civil prosecution by the procuratorial organs and the characteristics of the civil prosecution system. Through explains the procuratorial powers, which has proven the validity of the civil prosecution by the procuratorial organs system which exists in our country from the dual views of sociology and legal science. This article also has carried on the inspection with the method of comparison to the Chinese and foreign each-major countries. At last, this article make a detailed discussion on the construction of the civil prosecution by the procuratorial organs in our country.In addition to Perface and the Conclusions, this article was individed into four parts.Part one has carried on outline as a whole about the civil prosecution by the procuratorial organs. This chapter analysies from the concept of the civil prosecution by the procuratorial organs, discusses the questions of the civil appeal system's characteristics and the selection of the Procuratorial agency civil appeal modes. It also introducts four theories of the nature of procuratorial power,considering that we should carry on the inspecting of the procuratorial power on the place of the Constitutions.This article belives that the authority of Legal supervisory should include two meanings that are the authority of Legal supervisory in a large sense and the center of the lawsuits in the judicial sense. The civil prosecution by the procuratorial agency belongs to the former among these two powers.Part two has researched the validity of the civil prosecution by the procuratorial agency in china.This article also discussed public interests litigation,analysied the model of civil public interests litigation and emphasized the superiority of the civil prosecution by the procuratorial agency. In this part,the author discussed the limitation of four models of civil public interests litigation firstly and then researched the characteristics of the new types of dissputes in the period of Social transition in todays china. The author considered that the idea of civil prosecution by the procuratorial agency in china was the relative theory and analysied the functions of the civil prosecution by the procuratorial agency from the angles of Politics,economies and law.At last in this part,the author considered that the foundation of jurisprudencys of in china were the theory of suit,the principle of disposition and the theory of procuratorial power.Part there has inspected the civil prosecution by the procuratorial agency in the angle of comparison.In this part,the author researched the civil law system such as Germany,France and Japan,the common law system such as Britain, the Unitated States and the Socialism law system such as Soviet Union,then analyzed the chinese procuratorial agency participate in civil action's history and practices. At last in this part,the author considered that the foundation of the civil prosecution by the procuratorial agency in china was necessary and feasible.Part four has dicussed the concrete construction of the civil prosecution by the procuratorial agency in china.Firstly,this article analysied the status of the procuratorial agency in the civil prosecution, introduced and evaluated seven viewpoints about the status of the procuratorial agency in the civil prosecution. There were four questions should be noticed when we reasonable limited the status of the procuratorial agency in the civil prosecution and then the author believed that the procuratorial agency initiated litigation as plaintiff or participated in the litigation as the assistant of client. Afterwards the article dicussed six scopes of prosecution of the civil prosecution by the procuratorial agency. And proposed the concrete programs conception of the Procuratorial agency civil appeal systems from eight aspects. Finally,in order to establish our country's civil prosecutional system by Procuratorial agency, the author put forward some legislative proposals. |
