检察机关民事起诉制度研究
发布时间：2018-08-04 08:00
【摘要】：我国自改革开放以来经济高速发展,已经步入小康社会,人民的生活水平有了很大程度的提高,但是社会高速发展所带来的问题也越来越普遍,如国有资产流失问题,环境问题,社会公共利益问题越来越突出,受到理论界和人民群众的普遍关注。在现代社会如何更好的解决上述问题将是今后工作的重中之重。纵观国外各国惯例,这些问题都属于检察机关的管辖范围,而我国检察机关只有在民事裁判已经发生效力以后,对于出现错误的生效裁判以审判监督的方式提起抗诉,因而对上述问题并没有起诉权。然而在近几年的司法实践中,我国某些地区的检察机关为了维护国有资产利益,遏制环境污染,维护社会公共利益等确实以原告的身份提起民事诉讼并且胜诉,在结果上实现了实体正义。为何法律理论和法律实践会有所冲突?主要在于法律的滞后性导致法律跟不上现代经济发展的速度,许多新型问题游离在法律之外。对此的解决之道就是结合我国具体国情、学习国外先进经验,赋予检察机关民事起诉的权利,一方面可以更好完善我国检察机关的全面监督权,另一方面也可以更好的保护国家利益和社会公共利益。对此本文主要从以下角度给予论述： 第一部分,主要论述了检察机关民事起诉制度的法理基础,从概念和特征入手,结合学界的理论争议分析了我国检察机关民事起诉制度的理论基础。 第二部分,对国外检察机关民事起诉制度的考察,考察大陆法系、英美法系和苏联为代表的社会主义国家的具体制度,为我国建立检察机关民事起诉制度提供了借鉴。 第三部分,对我国检察机关民事起诉制度司法运行的反思,揭示了我国检察机关在提起民事诉讼时遇到的问题及其成因,得出的结论是我国建设该制度十分必要。 第四部分,对我国检察机关民事起诉制度的建构。该部分论述了检察机关民事起诉制度的基本原则、检察机关的法律地位、案件范围和几个具体的程序性问题,如可否反诉,调解等问题。
[Abstract]:Since the reform and opening up, China has entered a well-off society with rapid economic development. The living standards of the people have been greatly improved, but the problems brought by the rapid development of the society are becoming more and more common, such as the loss of state-owned assets. The environmental problem, the social public interest question is more and more prominent, receives the theorists and the people's general concern. How to solve these problems better in modern society will be the most important work in the future. Throughout the practice of foreign countries, these problems all belong to the jurisdiction of the procuratorial organs, but the procuratorial organs of our country only after the civil adjudication has taken effect, to the wrong effective adjudication to the way of judicial supervision. Therefore, there is no standing for the above-mentioned issues. However, in the judicial practice in recent years, in order to safeguard the interests of state-owned assets, curb environmental pollution, safeguard the public interest and so on, procuratorial organs in some areas of our country have indeed filed civil lawsuits as plaintiffs and won the case. The entity justice is realized in the result. Why is there a conflict between legal theory and legal practice? Mainly because of the lag of law, the law can not keep pace with the development of modern economy. The solution to this problem is to study foreign advanced experience and give procuratorial organs the right to civil prosecution in the light of the specific conditions of our country. On the one hand, we can better improve the overall supervisory power of our procuratorial organs. On the other hand, it can also better protect the national interests and social public interests. This article mainly from the following angle to give the elaboration: the first part, mainly elaborated the procuratorial organ civil prosecution system legal theory foundation, from the concept and the characteristic start, This paper analyzes the theoretical basis of the civil prosecution system of procuratorial organs in China. In the second part, the investigation of the civil prosecution system of foreign procuratorial organs, the investigation of the specific systems of the socialist countries represented by the continental law system, the common law system and the Soviet Union, provides a reference for the establishment of the civil prosecution system of the procuratorial organs in our country. In the third part, the author reflects on the judicial operation of the procuratorial organ's civil prosecution system in China, and reveals the problems encountered by the procuratorial organ in bringing the civil lawsuit and its causes, and draws the conclusion that it is very necessary to build the system in our country. The fourth part, the construction of civil prosecution system of procuratorial organs in China. This part discusses the basic principles of the procuratorial organs' civil prosecution system, the legal status of the procuratorial organs, the scope of cases and several specific procedural issues, such as whether to counterclaim, mediation and so on.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D926.3;D925.1
本文编号：2163173
[Abstract]:Since the reform and opening up, China has entered a well-off society with rapid economic development. The living standards of the people have been greatly improved, but the problems brought by the rapid development of the society are becoming more and more common, such as the loss of state-owned assets. The environmental problem, the social public interest question is more and more prominent, receives the theorists and the people's general concern. How to solve these problems better in modern society will be the most important work in the future. Throughout the practice of foreign countries, these problems all belong to the jurisdiction of the procuratorial organs, but the procuratorial organs of our country only after the civil adjudication has taken effect, to the wrong effective adjudication to the way of judicial supervision. Therefore, there is no standing for the above-mentioned issues. However, in the judicial practice in recent years, in order to safeguard the interests of state-owned assets, curb environmental pollution, safeguard the public interest and so on, procuratorial organs in some areas of our country have indeed filed civil lawsuits as plaintiffs and won the case. The entity justice is realized in the result. Why is there a conflict between legal theory and legal practice? Mainly because of the lag of law, the law can not keep pace with the development of modern economy. The solution to this problem is to study foreign advanced experience and give procuratorial organs the right to civil prosecution in the light of the specific conditions of our country. On the one hand, we can better improve the overall supervisory power of our procuratorial organs. On the other hand, it can also better protect the national interests and social public interests. This article mainly from the following angle to give the elaboration: the first part, mainly elaborated the procuratorial organ civil prosecution system legal theory foundation, from the concept and the characteristic start, This paper analyzes the theoretical basis of the civil prosecution system of procuratorial organs in China. In the second part, the investigation of the civil prosecution system of foreign procuratorial organs, the investigation of the specific systems of the socialist countries represented by the continental law system, the common law system and the Soviet Union, provides a reference for the establishment of the civil prosecution system of the procuratorial organs in our country. In the third part, the author reflects on the judicial operation of the procuratorial organ's civil prosecution system in China, and reveals the problems encountered by the procuratorial organ in bringing the civil lawsuit and its causes, and draws the conclusion that it is very necessary to build the system in our country. The fourth part, the construction of civil prosecution system of procuratorial organs in China. This part discusses the basic principles of the procuratorial organs' civil prosecution system, the legal status of the procuratorial organs, the scope of cases and several specific procedural issues, such as whether to counterclaim, mediation and so on.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D926.3;D925.1
【共引文献】
相关博士学位论文 前10条
1 夏秀渊;拉丁美洲民法典的历史与现实[D];华东政法大学;2010年
2 迟君辉;国际流失文化财产返还法律问题研究[D];华东政法大学;2010年
3 晋入勤;企业国有产权交易法律制度创新论[D];华东政法大学;2010年
4 李长坤;刑事涉案财物处理制度研究[D];华东政法大学;2010年
5 赵宁;罪状解释论[D];华东政法大学;2010年
6 吴一鸣;英美物权法之大陆法解读[D];华东政法大学;2010年
7 陈玲;背信犯罪比较研究[D];华东政法大学;2010年
8 刘源;论我国犯罪构成结构之完善[D];华东政法大学;2010年
9 张骏;论美国纵向限制法律规范及其对我国的启示[D];华东政法大学;2010年
10 邬先江;海事赔偿责任限制制度研究[D];大连海事大学;2010年
，本文编号：2163173
本文链接：https://www.wllwen.com/falvlunwen/gongjianfalunwen/2163173.html
