On The Prosecution Filed A Public Interest Litigation

In recent years, civil public litigation has become a hot issue.Many scholars made explorations on it.This article mainly expounds how to create the system of civil public suit filed by procuratorial organ in china,with zhe purpose to protect state interests and public interests.This article includes five chapers.The first chaper briefly introduces zhe conception and character of zhe civil public suit,zhe conception and development about the system of civil public suit filed by procuratorial organ. The second chaper analyzes the regulation on zhe system of civil public suit filed by procuratorial organ abroad,find out zhe valuable place to guide our country′s legislation.The third chaper states zhe necessary of civil suit from zhe fact finding and zhe defect on zhe system of civil suit. The forth part illustration zhe the right of bringing civil public-interest litigation which should be imparted to procuratorate.This foundation of theory that become one of the key problem in the studies of public-interest litigation.This part mainly illustrates action, interest of action, qualifications of litigation.The last chaper talk about some important procedural problem.So as to advoid procuratorate to abuse the right of bringing civil public-interest litigation, zhe author suggest to designing a front procedure.The procuratorate belongs to proper party,so it has zhe general procedure rights and obligations.But zhe procuratorate is not zhe truth relationship person whose rights had be trespassed,so zhe procuratorate should not bring a claim for damages.So zhe truth relationship person have the right to apply to take part in suit,lay claim to damages,but zhe court should not oblige zhe truth relationship person to take part in suit. That means we should respect person′s freedom on spirits.