Studies Of The Civil Public Interest Litigation System Instituted By The Procuratorial Organ

Nation is the most important representatives of public interests. As the state organs, the procuratorial organ has the right to represent the nation to institute the litigation on the case that damaged the public interest. And it can also request the court to judge the illegal act according to law and investigate the legal obligation of offenders. The procuratorial organ has the responsibility of safeguarding justice in law enforcement, while the most important responsibility is to bring the illegal act and illegal fact to the court for hearing and judgment by representing the nation. Therefore, the procuratorial organ has achieved the publicity in the process of litigation.Civil Public Interest Litigation is the typical representatives of public interests protection. The subject of instituting litigation is numerous. Specific state organ, social community and relevant citizens can make a request on the behavior that damaged the public interests. The procuratorial organ institutes the public interest litigation to executive the legal supervision power. It make the law supervision and law enforcement as the only pursue, excluded the pursue of other independent interest. Therefore, the procuratorial organ can protect the public benefits of nation and society in an effective way. Meanwhile, the procuratorial organ also has the right to investigate the evidence which can overcome the technology barriers in the prosecution and win the lawsuit rate. And a group of procurators who have experience and skills in prosecution business are also capable of undertake the obligation of public interest litigation. No other organs, individuals have such powers. Therefore, the procuratorial organ is the best undertaker in the public interest litigation. From the concept and characteristics of the procuratorates providing civil lawsuit of public interest, this thesis analyzes the theory foundation of the providing civil lawsuit of public interest by the procuratorates, through the comparative study of foreign legislative pattern, the causes of the deficiency of civil lawsuit of public interest by the procuratorates in our country are investigated, based on above research, some assumptions which are expected constructive to the formation of our institution of are suggested on providing civil lawsuit of public interest of the procuratorates.