A Study On The Status Of Procuratorial Organs In Civil Public Interest Litigation

On October 2014,Decision made by the CPC Central Committee on comprehensively promote several major issues governing the country according to law of the fourth meeting of the eighteenth session of the Central Committee of the PCP proposed that "exploring the establishment of the procuratorial organ to bring the civil public interest litigation system".Decision is like the booster of the development of civil public interest litigation system in our country.It also pointed out that the direction for the study of Chinese civil public interest litigation system.The system of the procuratorial organ in the civil public interest litigation is still faced with many theoretical and practical difficulties.In the past twenty years,the academic circles discussed intensely on the problems of the status of the procuratorial organ in the public interest litigation.As a public interest litigation in the basis of theoretical foundation to explore the China blossom fruit, jurisprudence.In the aspect of judicial practice.prosecutors also give full play to the role of judicial wisdom.For all kinds of exploration in the legal framework within the allow able range.To enrich the form of participation of procuratorial organs and accumulate valuable experience.Through the research of the status in litigation of the procuratorial organ.The analysis of the current Chinese procuratorial organs in litigation of the theory and the reality of the plight to solve the problem of the legal status of procuratorial organs and the way to participate in the proceedings. At the same time, through to the procuratorial organs in the sequence of patterns in the start of public interest litigation in our country, the procuratorial organs have the comparative advantage.In this paper, the author will follow the methods of comparative law, empirical analysis and value analysis to discuss the problems in the status of the procuratorial organ in public interest litigation.The first chapter, the author from the comparative law and the history of our country’s civil public interest litigation perspective, expounded Chinese procuratorial organs participating in civil public interest litigation is the foreign experience for reference, and the procuratorial organ of our country after the founding of the PRC has had the civil public prosecution experience for reference.The second chapter, analysis of the status of the procuratorial organ in the public interest litigation of public interest litigation from the theoretical point of view, to solve the status of the procuratorial organ in the public interest litigation and participation ways.The third chapter, starting from the point of view of public interest litigation mode, the auxiliary principle as the basic theory, analysis of the procuratorial organs in order in the public interest litigation, the procuratorial organ has a comparative advantage in the three mode in china. The fourth chapter.through the analysis of the procuratorial organs involved in public interest litigation cases,two indirect means of participation into the procuratorial organs prosecution and supervision prosecution:the advantages of the system are demonstrated to support the prosecution and prosecution principle to support the prosecution and the suggestion.Position of procuratorial organs in the public interest litigation is the necessary premise of the procuratorial organs involved in public interest litigation. Therefore, it has important theoretical and practical significance to study the status in litigation of the procuratorial organ.