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

In October 2014,< the CPC Central Committee decided to comprehensively promote the rule of law in a number of major issues> to explore the establishment of the prosecution filed a public interest litigation system, clear the leading position of the procuratorial organs in the public welfare lawsuit again, "public interest litigation" has become the theoretical and judicial circles hot topic.2015 twelfth times the central comprehensively deepen the meeting examined and adopted the reform leading group of procuratorate public interest litigation pilot program; then the twelve session of the fifteenth meeting of the NPC Standing Committee passed on the authorization of the Supreme People’s Procuratorate to carry out the pilot work of public interest litigation decisions in some areas, to explore the establishment of procuratorate public interest litigation system provides the necessary basis and support.In our country, civil public prosecution has the history and origin of the system, and the procuratorial organ has the unique advantage of administrative organs and social organizations do not have. But the provisions of the existing legal provisions are too simple, and there is no clear right of procuratorial organ to bring the civil public interest litigation, but also the lack of specific program design, there is a certain the distance from the national policy to legal norms so that no matter from the legislation or practice point of view, it is necessary to strengthen in-depth study of the civil public interest litigation system of procuratorial organs. At the same time, the western developed countries in the field of many legislative and practical experience of our Procuratorate in the construction of civil public interest litigation system it has the significance.From the analysis of the development trend of China’s procuratorial organs and procuratorial organs should have its own characteristics, can the civil public interest litigation should be as soon as possible, and the provisions of the relevant procedures and specific status of procuratorial organs in legislation. This paper is mainly divided into three parts except the introduction of the procuratorial organs of the civil public interest litigation system:first the first part is the basic research, introduces the practice of China’s procuratorial organs of the civil public interest litigation, embodies the organs in the absence of clear legislative practice twists; secondly, the civil public interest litigation by procuratorial organs filed theory, the procuratorial organs relative to the other subject of litigation has the advantage, feasibility and justification of the procuratorate the public interest litigation; finally expounds the civil public prosecution significance. The second part is the extraterritorial prosecutorial organs. From the civil publicinterest litigation system for inspection and analysis of advanced theories and practical experiences of Anglo American law system and continental law, on behalf of the state, and provide a useful reference for our country; the third part on the establishment of the procuratorial organs filed a civil public interest litigation system in the judicial practice must face some procedural problems put forward some views and opinions.