The Prosecution Filed A Public Interest Litigation

Instituting civil public interest litigation by the prosecutorial organ, a sub-branch of public lawsuit, refers to the legal system that prosecutorial organ, according to some legal provisions cause some action against civil violation behavior, which has infringed on public interest of the society, and ask the court to punish those wrongdoers for their legal responsibility through judicial procedure. A lot of countries, such as France, Japan, Germany, America, former soviet union and some countries in the east Europe, have made the regulations that the prosecutorial organ have the right to bring some action against civil violation behavior which has infringed on public interest of the society, on behalf of the public interest. Our country also had made this kind of regulation, but prosecutorial protest of prosecutorial organization in civil action is the only way of the official duty of the civil lawsuit prosecutorial. Many a action against civil violation behavior, which has infringed on public interest of the society can not be solved, fair and justice can not be upheld. It is an inherent part of the litigation to protect the public interest. And practice of rule by law also needs a representative to be on behalf of the public interest to file civil public action. The writer makes the initial analysis on the theoretical foundation, rationality and the feasibility of the civil public welfare action in prosecutorial organ, and designed some concrete system of this kind of cases, so that the civil prosecutorial system can be perfected.