Mentions The Civil Public Welfare Lawsuit System's Construction By Our Country Procuratorial Agency

Based on the understanding of the civil litigation system and our public prosecutors filed the fundamental basis for the Public Interest Litigation, based on the typical system and the foreign comparative analysis of existing legislation, then arguments of the prosecution filed the legitimacy of the Public Interest Litigation, the last of the prosecution organ system of public interest litigation filed in civil construction, program settings, etc. specific ideas. Addition to the introduction and conclusion, is divided into six chapters were discussed.The first part is theoretical definition of Public Interest Litigation. First, the author briefly discusses the public interest litigation,in understanding the basis of public interest litigation understood in the civil public interest litigation, and public interest litigation in civil and administrative public interest litigation compared to better the meaning of the Public Interest Litigation have a deep understanding. This chapter also features the Public Interest Litigation and the Scope for discussion, so as to lay the foundation for the involvement of prosecutors.The second part of the Civil Prosecution fundamental basis for public interest litigation.This chapter from the theoretical basis and proceed with the legal basis for argument. Prosecution organs for legal supervision in China, its functions and responsibilities and neutrality are the Civil Public Prosecutions to provide a theoretical basis. Meanwhile, the principle of state intervention, litigation theory is to play one of its theoretical basis. In China, the prosecution filed a civil lawsuit is a legal basis for public interest, this article from the Constitution, the substantive law and procedural law in three areas were discussed.The third part is prosecution of foreign Public Interest Litigation filed legislative investigation. The author in France, Germany, Japan, Russia, represented by civil law countries and the United Kingdom, the United States as the representative of the common law countries, the civil litigation system for public inspection, in full recognition of advanced two legal national legislation, summary the similarities and differences between the two and the presence of unreasonable. So as to arrive at the establishment of a civil public interest litigation system in China should learn from and abandon the place.The fourth part is the Prosecution of the legal status of Public Interest Litigation and Practice. On Civil Prosecution of Public Interest Litigation in the legislation is almost empty, but the existence of judicial practice in China, and parts of the prosecution system in the Civil Public Prosecutions has made a useful exploration and achieved considerable success.The fifth part is the Civil Prosecution of the legitimacy of public interest litigation. This chapter demonstrates the necessity and feasibility. China's human rights protection, procedural justice, fairness and justice and the prosecution's own favorable conditions in line with China's national conditions require the establishment of civil public interest litigation. Moreover, our country does not exclude the civil law public interest litigation, the prosecution in the success of the practice experience and advanced legislation on foreign countries to learn the system built on three aspects of the prosecution of the Civil Public Prosecutions is feasible.The sixth part is our country Procuratorial agency mentions the civil public welfare lawsuit system's conception.The author of the prosecution in the public interest litigation in the civil legal status, the way the prosecution to prove that the allocation of responsibilities, mediation and counterclaims of the issues and sharing the costs of five settings. In addition, the procedure was filing, evidence, prosecution and trial of four-stage settings. These settings are the light of the Civil Procedure Law and Criminal Procedure Law of China on the basis, and expect to build the system in line with our national conditions.