China's Procuratorial Organs Participate In The Public Interest Litigation

With the development of China's market economy, lawsuits involving civil public interest appear inceasingly. However, civil public interest has not obtained effective protections. What causes the serious violation to civil public interest? How can we take effective measures to protect civil public interest? This article analyzes the reasons and countermeasures to our country's serious lag of civil public interest by presenting the present situation and then proposes the point that prosecutorial organizations should take part in civil public interest lawsuits. Prosecutorial organizations certainly represent public interest and it is universal procedure around the world for prosecutorial organizations to participate in civil public interest lawsuits. Being a special legal supervision department of our country, prosecutorial organizations have a sacred responsibility to protect public interest. In our country, prosecutorial organizations'participation in civil public interest not only has a realistic basis but also has theoretical accordance in Civil interest Lawsuits,Constitution and law. Thus prosecutorial organizations participations in civil public interest lawsuits are necessary and practical. By inspecting into the other countries'systems on prosecutorial organizations participating in lawsuits and seeing from our country's own situation, the author proposes the scope of participation in order to manifest limited interventions of civil rights on civil public interest. In aspect of participation way, we get four ways namely aiming at different situations by unifying overseas procedure and our own experiences, they are institute a proceeding, support lawsuits, supervision sue and appeal. The question of status is one of the biggest barriers in participation in civil public lawsuits. By inspecting and analyzing various viewpoints, this article insists that the status of prosecutorial organizations should be evaluated by both its essential status and its specific status in different lawsuits. Then, which makes the essential status tally with the specific status that prosecutorial organizations have different status when participating in civil public interest lawsuits in different ways. Correspondingly,prosecutorial organizations should enjoy corresponding rights and obey corresponding principles.