The Reasonably Analysis Of The Prosecution Filed A Civil Public Interest Litigation

Illegal acts against civil laws are on the continuous increase along with the fastsocial and economic development of China. However, The existing Civil Procedure Lawof the People’s Republic of China and its relevant laws are ambiguous when it comes tothe subject who institutes the proceedings. Article55of the newly revised CivilProcedure Law of the People’s Republic of China stipulates that prescribed organs andrelevant organizations can institute legal proceedings against acts harming public interests,like polluting the environment and violating consumers’ lawful rights.The introduction ofthis article means the preliminary establishement of civil public interest litigation system,filling in the blanks of our country’s legal system in this field. Despite all this, noorgans or organizations is defined as the subject instituting the proceedings. This situationis unfavorable to safeguarding national interests as well as social public interests, and tosome extent, connives unlawful acts of this kind. It is of great need to clearly define thesubject of civil public interest litigation.This paper discusses, from the aspect of domestic and overseas legal systems andlegislative practice and experience, the issue of civil public interest litigation byprocuratorates, the introduction of China’s civil public interest litigation system and thecontroversy about the litigation subject. Procuratorates have conducted explorations ofcivil public interest litigation concerning national interests, but queries from the academiccircle never end. Some take it that the expansion of procuratorial power doesn’t workwith the limited judicial resources,that this can break the balance within the procuratorialpower and that it may lead to the abuse of power. Further investigations should be madeinto the rationality of civil public interest litigation by procuratorates.First, the nature of procuratorial power is clearly defined. The development of theinherent law of procuratorial power provides reasonable support for the procuratorialpower.It is necessary for procuratorial organs to institute civial public interest litigation inorder to improve their function of supervision. It is reasonable for procuratorial power toget involved in the field of civil letigation, for it is through safeguarding public intereststhat procuratorial organs get involved in civil litigation. As state organs, procuratoratesshould play their roles of safeguarding national interests and public interests. However,there is no ready law article clearly stipulating procuratorates as the subject of institutingcivil public interest litigation. It is of great urgency to improve legislative work. It is necessary and pressing to get procuratorial power involved in civil action, but its roleshould also be correctly positioned, or else, the equality of civil procedures may beimpaired. All the above problems need to be settled in current work.