On The Prosecution Filed The Civil Action

Conducting civil proceedings by procuratorial institutions means that procuratorial institutions think the civil actions have disobeyed the law and hurt state and collectivity's rights and interests and should assume civil duty. After finding out facts and evidences, the procuratorial institutions prosecute court to appeal to assume the legal responsibility. Many countries in the world have adopted this system. But there is not this content in our law. This is a limitation to our litigation system. In these years, some new issues began to come forth, along with the economy developing, the living level's advancing and those society enterprises's welling up, such as state assets predicting and serious environment pollution and the monopolization appearing. The commonweal of state and society, lawful rights and interests of citizen could not be protected efficiently. The systems in existence could not adapt new position, too. So we must adopt this system. Some researching about it is going alone and some courts and procuratorial institutions have transacted many cases about it. Along with our country entering WTO, in the legislation, as soon as possible we must establish the civil litigation system of conducting civil proceedings by procuratorial institutions. This is so impendence and needed.Now, we must endow with conducting civil proceedings by procuratorial institutions definitely to make it assume the historic important task that protecting the rights and interests of state, society and citizen. To exert the supervising function of procuratorial institutions, we can reform the provisions in existence.In this article the author reviewed the foreign countries correlative provisions and expounded the need and responsibility of establishing the system in our country, and analyzed the academic gist, the relation to correlated systems and this system's academic problems involved when bringing it into effect. Except these, the author discussed some program matters. In the end , making some advices in our future legislation work.This article use seven parts to discuss author's point of view:Part one. Through reviewing other countries' legislation regulations to make a conclusion that conducting civil proceedings by procuratorial institutions is thecurrent system.Part two. Discuss the need and responsibility of this system by theory and practice.Part three. Academic gist, and relative systems. Its keystone is to comment the various standpoints issued by the jurists. And analyze the character of procuratorial institution, theory of appealing, the framework of the civil litigation.Part four. Analyze this system's value .To protecting the commonweal and maintaining society justice, it has the especial effect.Part five. From the perspective of jurisprudential litigation, elaborates the scope and the style of conducting civil proceedings by procuratorial institutions, the legal position in the suit of civil procedure on procuratorial institutions.Part six. Some problems of procedure. Such counterclaim and the conciliation to procuratorial organizations and who assume the litigation fee, who bear the litigation aftereffect, how to distribute the duty of putting forward the proof.Part seven. The author advance some advises about how to establish the system of conducting civil proceedings by procuratorial institution in our lawmaking.