Study On The Construction Of Public Interest Litigation By Chinese Procuratorate

To remedy the injured public interest, the western countries developed a system called public interest litigation. However, it is a pity that there is no that kind of solution in our legal system.At the present time, our public interest is suffered over and over again with the development of our economy. To give the injured public interest a hand, the procuratorate sues to the court on behalf of public interest, which makes it sink into a dilemma as a result of lack of validity.This article is made up of three parts:the preface、the text and the conclusion. In the preface, the topic of this thesis is brought about by a real case. The first part of the text introduces the history of public interest litigation, and also analyzes the characteristics and values of public interest litigation. The second part demonstrates the legitimacy and the possibility of the right of public interest litigation which is authorized to our procuratorate, according to these theories, such as right of action, the legitimate client, litigation trust, legal supervision as well. The third part lists some statutes on public interest litigation in home and abroad legislation history in detail, at the same time, points out the shortcomings in our present legislation. In the fourth part, the author firstly illustrates the necessity and the feasibility of public interest litigation prosecuted by our procuratorate, then puts forward some principles that should be followed, and also the ways and the types of the procuratorate law-suit. The last part of this article briefly emphasizes the importance of public interest litigation brought by our procuratorate in the long run of our judicial process.