Theoretical Basis Of The Procuratorial Organs Prosecuted Civil Public Interest Litigation

Since reform and opening up, the transition of China to a market economy, to the modern society, appeared in the early20th century in western developed countries, some new social contradictions and social disputes also appeared one after another in China, combined with the particularity of China’s reform, that there is no specific national interests, social public interests, and most people especially interests protection problem. Such as loss of state-owned assets, environmental pollution, in violation of consumer rights and interests of such phenomenon such as Sue and I do not know can, dare not to Sue, Sue, are reluctant to Sue, Sue case, there is no effective method and way to solve. At this point, it is particularly important to the establishment of the civil public interest litigation system, and construct the civil public welfare system obstacle is that the verification of eligibility of the plaintiff, the procuratorial organs as legal supervision organ, has now successfully filed a civil public interest litigation, explore the building of public interest litigation system, but the academic circles to procuratorial organs of civil public interest litigation the plaintiff of the debate are at loggerheads, new "civil procedural law" is also not very good solution to this problem, this article from the theoretical basis, comparative advantage, the judicial practice, this paper demonstrates the procuratorial organ is the most suitable for the main body of civil public interest litigation.In this paper, in addition to the preface and the conclusion consists of five parts, the preface through questions needs to be the establishment of the public welfare lawsuit system, proposed the procuratorial organs in advance exploration achievements, in view of the academic circles on the opinion of supporting and negativism at loggerheads, imperfect laws and regulations, the approval procuratorial organs of the civil public interest litigation the plaintiff status is necessary. Conclusion clarify the plaintiff status of procuratorial organ on the law, perfect the procuratorial organs on the system and principles involved in the prosecution way, will can push forward the progress of civil public interest litigation in our country, to better protect the interests of the state and public interests.This article is divided into five parts, discusses the procuratorial organ as the theoretical foundation of the civil public welfare lawsuit the eligibility of the plaintiff and advantage. The first part is the procuratorial organ as the theoretical foundations of the civil public welfare lawsuit the eligibility of the plaintiff, and this part listed by current academic theories about the eligibility of litigation of four views:the interests of the litigation right theory, v standard, v. play theory and the theory of litigation trust, again demonstrate the procuratorial organs, respectively, in accordance with the above four theories, can be regarded as the eligibility of civil public interest litigation the plaintiff. The second part is the legal basis of procuratorial organ in civil public interest litigation, the same list academic circles about the procuratorial organs filed civil public interest litigation legal basis of four theories:public welfare, intervention and supervision, and said, the combination of public and general supervision and review of the doctrine of four kinds of advantages and disadvantages, the basic theories of the procuratorial organs filed civil public interest litigation should adopt "the combination of public and general supervision" and the "intervention" part of the adoption, is a legal basis for the multivariate integration. The third part is to against the procuratorial organs filed civil public interest litigation idea question, summarized the current opposition to some typical views of procuratorial organs filed civil public interest litigation, in some of his own opinion against these objections. The fourth part is the comparative advantage of procuratorial organs filed civil public interest litigation, firstly summarizes the procuratorial organ relative to other organs, social organizations and individual citizens relative advantage of the main body of civil public interest litigation, and then reviews the historical development stage of China’s procuratorial organ participating in civil public interest litigation legislation and practice, proves our country traditional theory to the supervision of the procuratorial organs filed civil prosecution history rationality basis is provided, finally illustrates the continental law system and Anglo-American law system for procuratorial organ the plaintiff in public interest litigation system status that prove that the procuratorial organs filed civil public interest litigation in our country have a wide range of extraterritorial experience to draw upon. The last part is the local procuratorial organ to explore filed a civil lawsuit in the judicial practice, the first local prosecutors are summarized to explore the concrete practice of the civil lawsuit filed, such as making pilot exploratory files, minor cooperation of law enforcement model, such as environmental courts, then lists the local procuratorial organs filed civil public interest litigation of five typical cases, and analyzed the necessity and feasibility of procuratorial organs filed civil public interest litigation, as well as the need to regulate the problem.