Analysis On Civil Public Interest Litigation Presented By Procuratorial Organ

The procuratorial organ brings civil public interest litigation refers to procuratorial organs according to the provisions of relevant laws, on behalf of the state to initiate a lawsuit against behaviors that had brought serious harm to the national interest or public interest. And the court has right making judgment after investigation. In current judicial practice, civil public interests litigation is one of the most disputed and concerned problems. However, so far China doesn’t have any legal provisions in this field. With the continuous improvement of the socialist legal system construction, it’s urgent for us to build up public interest lawsuit system. The author based concerning theories, and foreign experiences came to the conclusion that in China it’s possible, practical and necessary to build up this sys(?)m. Further more, I tried to offer my own suggestions to the construction and perfection of this system. This essay apart from abstract and foreword can be divided into four parts:The first part is about the basic theories in this field. I briefly introduced the definition of public interest litigation and civil public interest ligation. I also analyzed procuratorial organ to be the proper subject.The second is about foreign experiences. By investigating the common law and civil law countries’related system, I gave out suggestions to the construction China’s civil interest ligation system.The third part is about the possible, practical and necessary of bring in this system. Procuratorial organs take civil litigation system is set up to protect the public interest, and also is the need to follow the trend in international community and inherit the traditional legislation.The last part is about China’s c(?)rent situation. I gave suggestions to build up the procuratorial organs to take civi(?),(?)ublic interest litigation system and the specific procedures. To be specific, I analyzed the scope and condition of procuratorial organs taking civil public interest litigation and the rights procuratorial organs have in this process. I also talked the detail problems in the specific procedure.