| At present, most countries in the world have established public interest litigation. In China, however, only the 77th article of the Criminal Procedure Law specifies the content of intervention of procuratorates in civil litigations. Based on investigation of the understanding of public interest litigation and foreign Procuratorate system, this papers demonstrates the theoretical, legal and practical foundations for the establishment of the intervention of Chinese Procuratorates into the civil and administrative litigations of public interest. It also explains the mode, scope and conditions for the intervention of procuratorates into the civil and administrative litigations of public interest, constructs the legal system for the intervention of procuratorates into the civil and administrative litigations of public interest, and explores the way of legal ruling for the intervention of procuratorates into the civil and administrative litigation of public interest.The paper falls into four parts. Firstly, by taking account of the changes in public interest litigation recognition, which developed from economic public interest litigation to administrative public interest litigation, and then to civil and administrative public interest litigation, it explicates the concept and features of public interest litigation. Secondly, by investigating the Procuratorate systems in United States, Britain, France and former Soviet Union, it makes reference to the related regulations of foreign procuratorates in intervention of civil and administrative public interest litigations. Thirdly, based on the above analysis, it reconginizes the theoretical, legal and practical foundations for the intervention of Chinese Procuratorates into the civil and administrative litigations of public interest, and establishes the importance of the intervention of Chinese Procuratorates into the civil and administrative litigations of public interest. Finally, the paper proposes detailed assumptions on the intervention of Chinese Procuratorates into the civil and administrative litigations of public interest, and specifically explicates the mode, conditions and ranges of the intervention, which may involve the implementation of the present law system, including the procedure law and the entity law, and the further establishment of the special legal procedures for the intervention of Chinese Procuratorates into the civil and administrative litigations of public interest. |
