A Study On Civil Public Interest Litigation In Procuratorial Organs

In recent years, Public interest litigation is emerging as China’s new social and legal phenomenon which initiates the hot discussion and attention among the theoretical circles. If you search for "public interest litigation" in CNKI, you may find about2682related information. The public interest litigation which filed by the Procuratorate has also received considerable attention. In terms of the public interest litigation in the new civil procedure law amendment, the Procuratorate have came into everyone’s perspective once again. But what is the public interest? What kind of lawsuit is litigation? Whether the Procuratorate have the prosecution of public interest litigation qualification? What should the distribution scope, the procedure and litigation benefit be like? After the overview now abundant research results, we can not draw a correct conclusion. So this article from the concept, the real connotation clear public interest litigation, and discuss issues related to the Procuratorate filed public interest litigation.This paper is divided into three parts.The first part is a general overview of the public interest litigation, mainly in view of the "public interest" and " public interest litigation" which is discussed. For the "public interest", this paper identified the main features which should include public, non-exclusive and uncertainty, this article obtains from its characteristics, its main characteristics, should include public, non-exclusive and uncertainty. The paper thought that the public interests should be unspecific interests of the majority of people after carried on the analysis between the public interests, the national interests, the government interests and collective interests and the social interests and as a collection of individual interests of the majority of people. The present public interest of China should be determined in our country nationality, the stage of development and the social members of the mainstream ideas after a comprehensive consideration. For the "public interest litigation", As there is no corresponding when public interests are violated the rights of the main body of relief, so we need to establish public interest litigation system, by others for help. And we know the public interest litigation as which protects the most unspecific interests that can not give up its integral litigation target and its procedural law profit after carried on the analysis between The public interest, the group litigation, the supporting prosecution, the urging prosecution and the civil suit collateral to criminal proceedings.The second part is to explore qualification of the procuratorate which filed civil public interest litigation. Chinese procuratorate has began bringing public interest litigation since1997. But from the point of the current situation,"bottom-up" pilot exploration has been hard to do, And the perception that procuratorate should not be filed a public interest litigation has appeared constantly. Base on the compare of the different countries’s procuratorate civil public interest litigation and the discrimination of the five antagonistic point against the procuratorate’s right to filed public interest litigation,the paper announced that procuratorate should have the right to filed a civil public interest litigation, and the procuratorate has much more legal professional, and the position of the advantage of propulsion than individual, social groups and administrative organ.The third part is to study the system of the procuratorate in filing a public interest litigation system. By discussing the prosecution’s procuratorate principles and scope, limitation and jurisdiction and litigation request, Rights and interests distribution and other related problems, the paper announced that when procuratorate filed a public interest litigation, it should follow the principle of public welfare, complementary and efficiency. Prosecution shall be included in the scope of environmental hazards, antitrust case, serious harm the interests of the public product quality case and other major civil cases involving the public interest and the cause of the loss of state-owned assets to their vital interests and damage of civil cases and some disgraceful consideration infringement cases of vulnerable groups should not be involved. For the case of aging, the current is very necessary to special provision a longer statute of limitations, such as10to20years, talent and the value and function of public interest litigation should be adapt to play. For litigation rights, this paper argues that in order to make the procuratorate can better filed public interest litigation, should give it a mandatory investigation rights, allow it to satisfying certain conditions in the process of litigation request, dropped, or change the lawsuit mediation, but eventually won interests cannot by procuratorate share or under national finance, but can be taken to set up the corresponding public foundation way to compensate for the loss of the public interest.