检察机关提起民事公益诉讼的理性思索——以国有资产流失案件的诉讼监督为例.pdfVIP

Abstract Nowadays our country is at the period in which the planned economy is transferring to the market economy. Because of the economic structural reforms of the state-owned enterprises, a great deal of state-owned assets is lost through different ways in many cities in our country. Meanwhile, with the development of industry, the public benefits are ingringed, for example, the environment has been polluted, more fake products have been manufactured. Facing this situation, in order to safeguard the interests of the state and the public, the procuratorial organ, as the state legal supervision organ, comes out boldly to take civil public benefit proceedings against the infringers without accusers or with the absence of accusers. On the orther hand , the procuratorial organ’s rights to bring the civil public benefit to court is not definitely stipulated by law in effect, so it is embarrassing for the procuratorial organ to intervene civil proceedings. Based on this, this paper deals with the legal problems that the procurational organ brings civil public benefit proceedings to court by analyzing jurisprudence, social demands, system construction and the improvement of the legislation, so as to make some contributions to making the procuratorial organ easier to intervene the civil public benefit proceedings. This paper is divided into five parts. The first part is about the cases and thoughts that the procuratorial organ has taken civil public benefit proceedings against the loss of the state-owned assets. Firstly, this part introduces three typical cases that the procuratorial organ has taken the civil public benefit proceedings against the loss of the state-owned assets. Secondly, it elaborates its legal theory arguments and the incomplete system stipulated by the civil procedure law. The second pa