Parens Patriae Action In America

It has taken a long time for the formation and development of American parens patriae action in theory and mechanism. Tracing the paternal state authority back to its roots and following the development of the ancient parens patriae power will aid in understanding the doctrine's well-reasoned modern scope. The doctrine emanates from the Book of Genesis, and the modern doctrine also stems from ancient Roman practices and laws. The Roman traditions have helped shape the modern common law parens patriae doctrine. In the United States, English legal traditions was followed and it was first invoked for parens patriae doctrine in the case involving the protection of children. The doctrine of parens patriae has been expanded in the United States to permit the attorney general of a state to commence litigation for the benefit of state residents for federal antitrust violations. This authority is intended to further the public trust, safeguard the general and economic welfare of a state's residents, protect residents from illegal practices, and assure that the benefits of federal law are not denied to the general population. States may also invoke parens patriae to protect interests such as the health, comfort, and welfare of the people, interstate water rights, and the general economy of the state. For a state to have standing to sue under the doctrine, it must be more than a nominal party without a real interest of its own and must articulate an interest apart from the interests of particular private parties. And I hope that the introduction of parens patriae action mechanism will be of some value of reference for our country.This paper consists of five parts except for introduction and conclusion. The first part gives an overview of parens patriae theory, including its historic roots and development in the United States. The second part tries to introduce the power and duty of state attorney general in parens patriae actions. The third part mainly describes the interests protected by the mechanism of parens patriae action. In fourth part, I briefly introduce the advantage benefits and Limits of Parens Patriae action. In the last part, I hope that the introduction of American parens patriae action will be of some value of reference for China.