On The Civil Lawsuit Filed By The Procuratorial Organ

The attitude that public interest should be protected by effectively means as soon as possible has gained common acceptance in the theory and practice fields.However, the question that how to protect public interest is being exploited in China when we face on reality that the damaged public interest can't obtain effective relief.In practice, individuals,social groups having limit in protecting public interest, a lot of damaged public interest can't attain relief by civil procedure because of the absence of plaintiff. So, before the better system of public interest litigation is established, it's very benefit and necessary to grant procuratorial organ the right of prosecution and effectively protect public interest in time.Interest balance, state intervention and litigious right separation are theoretical basis that procuratorial organ initiates civil litigation. It intervenes and violates the private rights to some extent that procurator organ initiate civil lawsuit. To avoid happening this interference,we should have a cautious and conservative attitude toward behavior that public powers invades private rights in civil procedure, properly handle the relationship between procuratorial organ and sufferer. As a special plaintiff of representing public interest, procuratorial organ should strictly follow basic principles of public interest, necessity and limited intervention, the rights and the case range should be restricted in civil procedure.At the same time,the case range of the procuratorial organ should gradually branch out from national interest to social public benefits.