检察机关提起民事公益诉讼的思考法律专业论文.docxVIP

重庆大学硕士学位论文英文摘要 重庆大学硕士学位论文 英文摘要 PAGE PAGE IV ABSTRACT With the continuous changes of society, the development of the social economy and Legal Construction,and the enhancement of the public awareness of rights protection,the power of Civil public interest litigation given to the procuratorial organ in recent years has become a major focus of modern society issues. Meanwhile, in judicial practice, for the protection of state-owned assets and maintaining the public interest,That the procuratorial organ take the initiative to bring public interest litigation in civil cases is also increasing. However, due to imperfections of the current legislation,there is no clear basis for procuratorial organ to mention public interest litigation,as a specific system, there are a lot of theory and technical problems to be studied about the establishment of the civil system. The author attempts to use the methods of comparative law and empirical examination to analyze the origin and development of the Civil Public Prosecution, combining with current conditions,it is necessary and feasible to establish the system of procuratorial organ in public interest litigation.On this basis, the author further raised the system construction about procuratorial organ in Civil Public Interest Litigation. Paper is divided into five parts. The first part, the author summarizes briefly the disputation against the problem of procuratorial organ in Civil Public interest litigation in legal theory of China from the positive and negative aspects. The second part, the author support the view of the positive aspect and put forward personal views.Namely that the theoretical basis of the procuratorial organ in Civil Public Interest Litigation can be solved,if we combine the Popular public theory with General supervision theory. The third part,the comparative law study on the Civil Public Interest Litigation initiated by the Procuratorial organ.Mainly studying some specific case of the procuratorial organ in