Prosecution Carried Out The Theoretical Issues Of Public Interest Litigation Under The Protection Of Human Rights Background

One of the important features of a harmonious society is to protect basic civil rights, at the same time, protecting basic civil rights can not do without the protection of public interest. In our country there are numerous violations of the current public interest and national interest, such acts are difficult to be resolved through normal channels. The huge gap between legislation and reality, to a certain extent, hamper building the harmonious society and human rights protection. The public interest litigation is to protect the public interest litigation activities, in the current, public interest litigation has become increasingly prominent role in resolving disputes in the case, the underprivileged and to promote legislative and judicial reform and so on, but there are still some legislative and judicial obstacles. This paper studies the development of public interest litigation's background, explores a series of prosecution filed public interest litigation system and procedures to respond to real needs.In this paper the author from the perspective of criminal law, through the comparative method, and four chapters has studied public interest litigation.Chapter One:Public prosecutors carrying out the public interest litigation's legal voices and times needs. We should first definite public interest litigation and public interest 's definition, through the development of public interest litigation, we know the concept of public interest litigationChapter Two:Foreign Studies and Implications of Public Interest Litigation. The author studies legislation and regulations of public interest litigation among the rest of the world. In particular, studies the comparison of the legislative model, the set up charges, the main provisions, the penalty method in order to provide a sound reference in the area of public interest litigation to our country's criminal legislation.Chapter Three:Prosecution starts the public Interest Litigation's practice and the current difficulties. We analyze the development of public interest litigation in our country, and classify the cases of public service practice, and defects from three shortage the legislation, practice and theoretical barriers to dispute launched in China, in the current, public litigation criminal law system is not very perfect.Chapter four:Prosecution in China involved in building public interest litigation system. In connection with public interest litigation's defects of legislation, the author put forward legislative proposals to improve public interest litigation, establish the scope of participation in selected public interest litigation, right of action, specific systems and handling procedures and so on.