The Thinking Of Prosecutors Involved In The Public Interest Litigation

With the changes of human society, the relationship between people's actions are becoming more and more a collection of features. One person or the behavior of a particular group will often affect the rights and related interests of others in majority. Under the framework of law, if you want to balance the interests between the principal parties better, besides the rational allocation of rights and obligations in the main parties at the legislative level, you should also allow the parties to be entitled with a full and proper right of appeal to the detriment of their legitimate rights and interests, in order to achieve an effective relief this way. However, our political system and social system now which should be fully affirmed the inspection and supervision functions of prosecution,which contains the functions of Public Interest Litigation, granted the prosecution in the civil rights of public interest litigation appropriately.We can see from the "Constitution" and the "Organic Law of the People's Procuratorate" that it is consistent with the spirit of law to protect the public interest through the exercise of prosecutorial authority, so how to protect the public interests better under the existing conditions? Taking some domestic and international experience for reference, we can see that the Public Interest Litigation should be a better way. Due to the current law,the scope and procedures of the Public Interest Litigation do not require, and theorists, practitioners are also relatively in large differences, so the prosecutors'participation in civil litigation of civil public inspection becoming a really hard problem.This paper adopts historical research, comparison, logical analysis, empirical analysis and other methods. Comparison with the public interest, the concept of public interest litigation. And also a brief analysis of the United States, Japan, like the Western capitalist countries, the former Soviet Union, as the representative of Viet Nam socialist countries, and also those since the late Qing Dynasty in China Combined with the legal theory of civil status, legislation, judicial practice, I try to put forward some basic ideas and proposals to the principle of Public Interest Litigation, scope, manner of Prosecution's participation in the public interest litigation in the civil.