On The Prosecution Filed A Civil Public Interest Litigation

In recent years, with rapid economic development, there has been a series of social problems, Such as loss of state assets, an increasingly serious environmental pollution, and industrial monopoly. These issues seriously damaged the national and public interests. However, our current legal system does not make special provisions about proceedings of the case to the public interest, and result in some cases against the public interest that cannot entered the proceedings. So the protection of the public interest has become a problem. So it is imperative to establish a public interest litigation system. Based on the reality of our country, Plaintiff status of the procuratorial organ by the legislation is the most rational choice.Now I'd like to introduce the outline of this paper, this paper divides into four parts:Part one mainly introduces some conceptions, including the conception and characteristic of civil public interest litigation, as well as analyzes the specific characteristics of the plaintiff in the civil public interest litigation in order to point out the differences from the traditional civil action. Part two mainly analyzes the necessity and feasibility of the procuratorial organ instituting civil public interest litigation in China. Part three by means of introducing the relative contents of the two law systems about the procuratorial organ instituting civil public interest litigation to analyze the enlightenments to China. Part four is the core of this paper; it mainly put forwards the relative construction of setting up the procuratorial organ instituting civil public interest litigation in China.