Researc On The Instruction Of Procuratorates Proceeding Public Interest Litigation Systems

It is the world trend of legislation for the procuratorates to proceed litigation as accuser. United States, UK, France, Germany and Japan have established consummate system for procuratorate proceeding litigation. During the period of transition of market economics in China, there are many against the national interest and public interest cases, for example, cases of loss of state assets, environmental pollution and natural resources cases, monopoly case, unreasonable use of land cases, cases of destruction of land resources, which are all public cases involving national or public interest. However, the absence of accuser system of public litigation leads to the contradictions between urgent need of judicial protection and current law system. With the deeply development of judicial reform and the theorists speak out for expansion of prosecutorial power, lessons from foreign prosecution cases filed public interest litigation legislation and strengthen the prosecution of Civil Right, the proceeding of public interest litigation has moved from practice onto the theory design and system design. And the research on the theory design and system design in order to establish the system for protecting the national interest and public interest has been the main area of development of the Chinese Procuratorate Reform. Based on the study of the idea base of proceeding public interest litigation, lessons from within and outside, pathway analysis and selection, this study proves the feasibility of establishment of system for procuratorate to proceeds public interest litigation in our country, and provide a reference idea for how to use the experiences of foreign legislative with the ensure of the achievement of procuratorate's functions. The author believes that we can promote the development of public interest litigation in our country by strengthening the theory study, promoting the establishment of public interest litigation laws, judicial practice in particular area. During the detailed construction, that the subject of proceedings, jurisdiction, interventions, burden of proof, litigation risk allocation and implementation details should be detailed.