论检察机关提起民事诉讼-法律·诉讼法学专业论文.docxVIP

Abstract With the development of social economy and the enhancement of consciousness of the publics right protection，more and more people are concerned about the public interest litigation lawsuit. There are a lot of phenomena of damaging the national benefit and social public service in the present civil field of our country, which needs administration of justice to relieve urgently. The current law has not stipulated that the procuratorial organ brings the civil action for public interest litigation. In order to perfect the civil action system, to realize the overall supervision of procuratorial organ, to solve the drawbacks of administration means, and to make up the legislative blank, it is essential to endow the procuratorial organ with civil right. It has a deep theoretical foundation. It accords with not only the principle of the constitution and legal spirit but also accords with the civil action purpose and the right of disposition principle. Meanwhile, both the foreign relevant legislation and the judicial practice that the procuratorial organ interfered in the civil action activity in recent years offered feasible demonstration for participating in civil action. For better maintaining public interest litigation, we should revise and perfect the current civil procedure to examine the question that the procuratorial organ brings civil action closely again. Firstly, the basic principle should be followed while the procuratorial organ bringing the civil action, establishing the final relief principle and the Public service having priority to the personal profit principle. Secondly we should revise the provision on prosecuting the subject of the civil procedure, and enlarge the plaintiffs qualification and endow the civil lawsuit right to the procuratorial organ clearly. Finally, the condition and range that the procuratorial organ prosecutes should be limited strictly, mainly for damaging national benefit, social public interests and citizen civil cases of ri