A Study On Civil Public Interest Litigation In Procuratorial Organs

"Public order, safety and benefits realization is the basis for achieving personal interests." However, in recent years, along with the reform of socialism with Chinese characteristics deepening, the phenomenon of damaging national, collective interests and social welfare is growing. who should,through what methods and by what procedure to maintain public order, public security, public interests are still unresolved."The current civil procedure system still has drawbacks in protecting the public interests and how to protect it by using limit judicial resource is worth considering" So how to establish a suitable civil public interest litigation has become a serious problem.Prosecutors filed public interest litigation as a subject, to realize the protection of national interests, social welfare and the public interest,and the court referee according to law, this is the practice in most countries abroad,in the founding of New China, this function is also included in the terms of reference among prosecutors, but not to continue for various reasons.At present, China’s procuratorial organs as the specialized agencies for legal supervision,In the civil field, only involved by supporting litigation, protest and procuratorial proposals and other non-complaint way.But in the reality of social life,the situation of public interests are infringed has been common, the people become increasingly concerned about public interest litigation activities,the demands of accelerating the reform and improve of the judicial system is increasing,In which the civil action, it also proposed to requirements of building public interest litigation conform to national conditions,the establishment of public interest litigation already has the feasibility and necessity. This article seizes the main line of "Civil Public Interest Litigation," trying to fill existing legal blind spots through extensive learning, profound thought and research. Analyzing the common practice in civil public interest litigation of foreign prosecution by comparison, historical and empirical methods, Combined with China’s procuratorial organs actively practice in recent years, to explain the theoretical basis and objective needs of prosecution filing public interest litigation.On this basis, proposed the establishment of public interest litigation main network with prosecution as subject.Meanwhile specify the scope of application of the public interest litigation cases and build special systems and procedures of public interest litigation.