Legislative Design About The Public Welfare Litigation By People’s Procuratorate

Although the public welfare lawsuit as early as in ancient Rome period isalready exist, but with the operation of market economy, with socializedproduction and development of economy, environment pollution, industryinfringe upon the interests of the monopoly of public event happens quiteoften, this time with a single by citizens or some clique launched the publicwelfare lawsuit, not enough to remedy the rights and interests are infringedupon, the public welfare lawsuit in the world scope is increasingly focus onup.Actual comparison of national legislation, the prosecution as a "representative ofpublic interest litigation" both far-reaching historical roots, but also the reality of thelegal basis. Principles of public prosecutors in the prosecution or proceedings to findthe best fit point. However, in our country, the prosecution whether eligibility toparticipate as the main or public interest litigation filed in the theoretical and thejudiciary has been a controversial topic of relatively large, the reason is that China’scurrent three procedural law of public interest judicial protection in the law vacuum,and now the prosecution of our legislation as a "representative of public interestlitigation," the only legal authority is a very simple general authority, and thisgeneral authority can not meet the needs of practice in fact the prosecution of casesare often in the face of attempts among the public and unsatisfactory.Articles from the characteristics of public interest litigation and practice theirown role as the start of production from China’s public interest litigation and publicinterest litigation in the field of development and the current difficulties faced bystart, to draw upon the prosecution in the public interest litigation cases in the relevant legislation, the right to appeal the theory in the analysis of public andpractice on the basis of need, focus on the People’s Procuratorate, as public interestlitigation related to eligibility of the main theories, public interest litigation in thePeople’s Procuratorate, as the theoretical basis for eligibility of the main startingpoint, with prosecutors across the country and is currently involved in public interestlitigation filed the judicial practice and pioneering exploration activities, theintroduction of "proper party" theory. On this basis, the same time, focuses on thePeople’s Procuratorate filed public interest litigation in the design of specificlegislation. From basic principles, by the case, litigation, litigation status, litigation,etc. bear the full consequences of the research related to specific legislation designedto have reference.Paper is divided into four parts, of about18,000words.The first part of theIntroduction. The overview of some of the major topics of significance to study theideas, methods and innovations, etc.The second part, the public welfare lawsuit overview. This part of the firstintroduces the public welfare lawsuit definition of the concept; The concept of thepublic welfare lawsuit and the background, the practice of the introduction, thispaper introduces the protection of the public interest litigation, including publicinterests. Object Secondly introduces the characteristics of the public welfare lawsuit,litigation subject have extensive and FaDingXing litigation purposes, the publicwelfare and start programs strict sex, this paper expounds the function of publicinterest litigation.The third part, the people’s procuratorate of the main body of the case as asuitable theoretical basis. This section describes the our country’s case the parties asa suitable to mention the public welfare lawsuit, and then introduces the theoreticalbasis of the public welfare lawsuit filed the legal basis, institutional innovation isthat solve the public welfare lawsuit prosecution difficult, rights protection difficultconclusion.The fourth part, theory and explore specific construction ideas. This sectiondescribes the people’s procuratorate mention the public welfare lawsuit and the specific design: focus on the introduction of the people’s procuratorate to litigationfiled from accept end and so on each link of the form and the function of the content,and limitation, and so on.