检察机关提起附带民事诉讼问题研究诉讼法学专业论文.docxVIP

PAGE PAGE 1 Abstract In some degree, whether an incidental civil action which the prosecution files is carried out smoothly，it has an direct impact on the positive effect of the incidental civil action in the current social environment. From researching the subject of prosecution filed the incidental civil action; we can not only deepen the understanding of the theory of the procuratorial organs right to appeal, and fit the urgent requirements of protecting the state, collective property, but also contribute to push the procedure reform of prosecution to file the incidental civil action in depth. Therefore, this article will focus on prosecution in the litigation status of the incidental civil action and files the scope of the case and conditions so as to put forward the suggestions to improve relevant system and relevant work. Except the preface and epilogue, this article is divided into four parts, amounts to 30000 characters. The first part is an overview of the prosecution filed an incidental civil action. This part discusses the concept and system structure of the prosecution filed the incidental civil action and analyses the necessity and feasibility of the system. The prosecution filed an incidental civil action is that crime of the criminal defendant causes the state, collective property losses; the people’s prosecution on behalf of state, collective interests requires the relevant civil liability subject to bear the civil compensation liability in the process of the criminal public prosecution of criminal defendant. Since1997, three of criminal procedure law and relevant legal interpretation makes provision for the prosecution filed an incidental civil action. Some scholars believe that the system should be abolished. But from the legal and practice level, the system has the necessity and feasibility of its existence. From the point of the necessity of its existence, the system establishes effectively safeguard national and collective property procedure