On The Prosecution Filed A Public Interest Litigation The Main Criteria And Procedures For Design

Strictly speaking, public interest lawsuit is not a concept which has some legal sense and it is different from the traditional differentiation of litigation type. Public interest lawsuit, as a notion compared with private interest lawsuit, is a kind of litigation divided according to the standard of the target or purpose of relevant litigation. Civil public interest lawsuit, a sub-branch of public lawsuit, refers to the legal system that specific state organs, social organizations or relevant citizens, according to some legal provisions, bring some action against civil violation behavior, which has infringed on national interest and public interest of the society, and ask the court to punish those wrongdoers for their legal responsibility through judicial procedure.In recent years, the national economy of our country has developed rapidly and obtained great progress in all aspects of the society. However, some problems also arise as a consequence. In our society, For example, a huge amount of state-owned assets has been laundered and ceased to exist, many subjects have lost their trustworthiness in the market, the ecological environment has become worse, order in the economy field has been chaotic and the phenomenon that huge enterprises engage in unfair competition by taking advantage of their monopoly power cannot be effectively restrained, etc. Since our country, nowadays, is in a special period of transforming system, many new institutions cannot be established and consummated in a short time. Especially, there are many serious defects in the field of system construction necessary for safeguarding national interest and social public interest, which has made many new types of social disputes concerning public interests difficult to be resolved, resulted with ineffective protection of public interest. All these problems have disturbed the step of Chinese modernization undertaking. If we cannot get rid of these negative elements, they would have an adverse effect on the construction of socialist harmonious society. Today, during the cause of strengthening to rule the country by law and construct socialist law-ruled country, we shall, according to the law-ruled standard, set up a long-acting and newly-made judicial system, civil public interest lawsuit system, implemented through judicial procedure and by means of jurisdiction to protect national interest and social public interest.Public interest is an extremely abstract characterization and, until now, people have not agreed upon the issue of what content it should include. At present,important thing is not how to determine the concept of public interest, but to pay more attention to the protection of public interest, especially the question that, without such a civil public interest lawsuit system, how to solve those new civil and economical problems in the society of our country. From the historical aspect, civil public interest lawsuit had appeared in ancient Rome period. Many modern advanced countries in the west have also established such an institution, which has played a positive role in the field of maintaining national and social public interests.As far as subjects of initiating civil public interest lawsuits are concerned, they not only can be relevant organizations, but also specific citizens themselves, which means that they should be comprehensive. The writer believes that, due to the complexity character of infringement behavior, the scope of subjects who can bring such civil public interest action shall not be too narrow. Instead, he proposes that the door to civil public interest lawsuits should be kept open and, as such, the initiating mode of civil public interest lawsuits to be set up shall be many-faceted, multi-leveled and three-dimensional, among which prosecutorial organs shall be the most important and the last level of initiating subject. In order to satisfy the practical need of solving social contradiction, the author, through combing the characteristics of prosecutorial power of Chinese prosecutorial organs and social practice of civil public interest lawsuits initiated by prosecutorial organs, and by learning from some beneficial systems of foreign countries, has made some research on the subjects qualification and institutional construction issues. He argues that the role of prosecutorial organs in civil public interest lawsuits has double sense because they can assume both functions of initiating civil litigation and performing legal supervision and this kind of design model has its rationality and necessity. The author proposes that the concrete procedure of filing lawsuits shall embrace a pretrial examination process, which could make some definition and restriction on the scope of those cases to be accepted and heard in advance. In addition, he also specifically analyzes some procedural problems concerned.To sum up, the writer proposes that it has become urgent to establish the legal system of bringing civil public interest lawsuits by prosecutorial organs and the legislature shall, by amending the civil procedure law, empower prosecutorial organs to perform this duty as soon as possible in order that prosecutorial organs can play due role in safeguarding national interest and social public interest.