Study Of The Legal Supervision Of Procuratorial Organs In Civil

along with the rapid development of our social economy, in the establishment of thesocialist market economy system, there has been a great deal of infringe on the interests of thestate and the social public interest in the case, but, due to China’s public interest litigationlegal deficiency, lack of system and the understanding deviation, makes the national interestand the social public interest cannot get effective relief and maintenance, relying solely onplaintiff qualification of citizens to bring a civil action to the court is very unrealistic.According to traditional civil law theory of right of action and the theory of parties, the partiescan only get its own infringed rights within the scope of relief, while beyond its scope of rightof national interests and social public interests, the citizen has no right to sue. As the civillawsuit theory and practice of development, public interest litigation has been as safeguardingnational interests and social public interests effectively is widely accepted. The world hasalready been generally set up public interest litigation system in our country, the publicinterest litigation in theory and judicial practice undertook active exploration and goodpractice, in the form of law establishing public interest litigation system, to further protect theinterests of the state and social public interests have become represent the general trend. Theamendment of civil procedure law to respond, which prescribed in article fifty-fifth:" on thepollution of the environment infringement of the legitimate rights and interests of consumers,many such damage society the behavior of public interest, legal authorities and organizationsconcerned may apply to a people’s court." For the first time in the form of legislation toestablish the civil public interest litigation system, it is the procedure of civil lawsuit system isa breakthrough, has the sense of milepost type. The procuratorial organ as the legal provisionsof the civil public interest litigation has been the law circles and judicial circles. However, themodified procedure for civil public interest litigation subject, scope, way and did not makespecific provisions, requires a combination of relevant laws and judicial practice to furtherclarify. This combination of procuratorial work practice, on the civil public interest litigationin some specific problems.