A Research On The Scope Of Public Interest Litigation Instituted By Procuratorate

With the development of the socialist market economy in China, how to protect public welfare has attracted much attention. There are many kinds of protecting legal interests, yet lawsuit is a basic and most effective way. Since procuratorial system was set up, procuratorial organs have been representatives of national interests and public interests. Procuratorial organs should institute proceedings to civil cases and administrative public interests cases within certain limits, which is a common conduct of most countries in the world. Although there are no related legal rules about these in our China, procuratorial organs should bring public welfare lawsuit and should be entrusted the right of prosecution in order to protect public welfare effectively.Procuratorial organs' bringing public welfare lawsuit does not deny other bodies' rights of bringing public welfare lawsuit, and it does not mean that all lawsuits related to public welfare are brought by Procuratorial organs. China is on the Primary Stage of Socialism and is doing economic revolution. Because of incomplete legal system, during the revolution, cases like damaging national interests and social public welfare often happen. Therefore, compared to other bodies, it is better for procuratorial organs to bring public welfare lawsuit.In this text, firstly, by defining public interests, the definition, characteristics and values of public welfare lawsuit are discussed and expounded. Public interests are the interests of most people. Public welfare lawsuit is a lawsuit brought for protecting public interests. The bodies of this lawsuit are wide and it has a profound influence. The establishment of public welfare lawsuit system has high values in law, society and economy. Next, on the basis of analyzing the rationality of procuratorial organs' bringing public welfare lawsuit, their identities and positions in public welfare lawsuit are discussed. Besides, they are compared with the legislative stipulation of Public welfare lawsuit brought by overseas procuratorial organs and Limits of Public welfare lawsuit brought by overseas procuratorial organs are studies. Procuratorial organs, owning the right of public prosecution, are supervisors of the laws in our country and representatives of national interests and social public interests. However, for a long time, our country narrowed procuratorial organs' right of public prosecution in criminal cases, which led to the loss of its litigation right in civil administrative prosecution. In nature, criminal prosecution also belongs to public welfare lawsuit. Therefore, in order to protect national interests and social public interests better, we should perfect procuratorial organs' right of public prosecution, which makes procuratorial organs' supervision not only a simple post supervision. In Public welfare lawsuit, in my opinion, procuratorial organs should be public prosecutors of civil administrative prosecution, which suits procuratorial organs' identities as legal supervisors and enables procuratorial organs to be legal owners of right of public prosecution. In addition, procuratorial organs can be procedure litigants as well. Although there are differences in historical backgrounds, social systems among countries, in protecting public interests, most countries prescribe that procuratorial organs should bring Public welfare lawsuit, and only the limits are not the same. After studying overseas legislations, considering Chinese practical situations, I agree that the limits of Public welfare lawsuit brought by procuratorial organs should be restricted. On one hand, considering the reasonable use of judicial resources, it can avoid side effects which are caused by the increasing of lawsuits; on the other hand, it can avoid the expansion of the rights of procuratorial organs, which enables them to play effective roles in Public welfare lawsuit. At last, limits of Public welfare lawsuit brought by procuratorial organs in China are discussed and explored, which are divided into limits of civil public welfare lawsuit brought by procuratorial organs and limits of administrative public welfare lawsuit brought by procuratorial organs.