The Competence Of Plantiff About Procuratorial Agency In Public Welfare Lawsuit

It is an important legal regime for "The public welfare lawsuit" , and it is very much essential to establish in our country, But, when we are constructing and consummating our socialist legal system, we must design it sciencely according to our country's characteristic. In our social life, we may see or hears the similar instance frequently. For instance ,the history cultural monument and the precious cultural relic is destroyed, the rare and precious natural species are in imminent danger and is injured, At that time, in order to protect he historical culture treasure or the natural treasure from the social public welfare t, Although there were the experts who appealed for it, there was the common people who ran for it, but there was person who liked to do thing to stand bravely, filed the lawsuit to the court, carries on the protection with the legal method. The result is the justice and the morals appears palely and weakly in front of the authority dignity. The traditional administrative proceedings plaintiff qualifications theory defined the plaintiff qualifications in the direct stake with this case, this theory more and more receives the realistic challenge.In the present situation, it is most important aspect to speed up the legislation on "the public welfare lawsuit" and to establish and consummate public welfare lawsuit system, author proposes to establishe and consummate the Chinese characteristic socialism legal regime for this, and to strengthen to research and the discuse "the public welfare lawsuit" theory, The present stage, the procuratorial agency is explorating positively, such as environmental protection , state asset protection does, these provide the massive effective examples for the public welfare lawsuit legislation and it's consummation, Pays attention to our country "the public welfare lawsuit" procedure pattern and it'sconstruction,Further is clear about the procuratorial agency in the public welfare lawsuit the status and the function, establishes the system to urge the social public to join in, and clears status about the social public in the public welfare lawsuit, in particular it in environment public welfare lawsuit..Because the public welfare lawsuit involves the entire social public profit, it needs the entire judicial world to understand law correctly, and to grasp the entire social relations, and to process case fairly and promptly, the procuratorial agency will undertake this important mission by its special legal surveillance status, and it will accept broad masses's surveillance and National People's Congress's oversight actively, , Therefore, in our country public welfare lawsuit system construction process, we must using methods on propaganda and exert oneself to raise citizen's public welfare protection consciousness and the sense of participation of the populace, and we must adopt the effective system which is society public to participate in, and transfer the citizen to maintain the public interest and the democratic participation enthusiasm, establish and operate good society atmosphere and condition for public welfare lawsuit system .This article altogether is divided three chapters. Chapter 1: To investigate the theory on the public welfare lawsuit. It is the public welfare lawsuit system which origins from the Roman law. It is opposite in the private benefit lawsuit, it is the public welfare lawsuit which is the lawsuit in order to maintain the social public interest, every resident may mention besides the law has the special regulation. At the near modern age, the monopoly group has ability to embark the contention public interest from own benefit along with the Capitalist industrialization big production appearance.it is a urgent need to protect public interes, carried on the lawsuit case for the public interest to increase, promoted the modern public welfare lawsuit system to develop and the consume. I Introduce the concept, the characteristic, the classification,about public welfare lawsuit.and analyze two kind of patterns about the Western public welfare lawsuit system and their legislation present situation respectively, give the foundation concept about the public welfare lawsuit.Chapter 2: To establish the legal regime on the Chinese characteristic "the public welfare lawsuit". It must match our country's social reality to establish the legal regime about the public welfare lawsuit in our country. Through it is necessary to file the public welfare lawsuit from the procuratorial agency, and it is important and feasible for our country to establishe the public welfare lawsuit, I prove the pattern and the way in our country to construct the Chinese characteristic about the public welfare lawsuit.Chapter 3: Clear the significance on the status and the function of Our country Procuratorial agency in the public welfare lawsuit, Profits the experience on advanced public welfare lawsuit from the overseas, in our country , it has Chinese characteristic in public welfare lawsuit system, ie,it is primarily to construct the procuratorial agency public welfare lawsuit, it is secondary to file the public welfare lawsuit for other public welfare association and the social organization which can file private lawsuit in order to public welfare, at the same time, I clear the applicable scope about the procuratorial agency to exercise the public welfare lawsuit, and advocate the public participating in system about the specific environment public welfare lawsuit, make up the insufficiency about national in environment public welfare protection, accommodate now tidal current on international development. In summary, our country must establish the public welfare lawsuit as soon as possible, establishe the effective public welfare lawsuit mechanism, advance our country socialist legal system construction.