Research On The Limitations Of Procuratorate-Originated Public Interest Litigation

In recent years, endangering public interest events occur frequently. and showing a growing trend. In2012,"Civil Procedure Law" amendment, for the first time to write a public interest litigation, which for procuratorate-originated public interest litigation to provide a legal basis. In China, procuratorate-originated public interest litigation has a long time. Procuratorate-originated public interest litigation is representative of the interests of the state and the social public, litigation request is not to their own interests, enjoy certain public power of public interest litigation, in order to ensure the effective safeguarding national interests and public interests of the society, play the special role of procuratorial power in the proceedings. In modern society, procuratorate-originated public interest litigation for the public interest cases, is already relatively common practice in many countries, this is stipulated in the laws of many countries. Procuratorate-originated public interest litigation has legitimacy, but due to the lack of specific legal provisions, exploration of procuratorate-originated public interest litigation have encountered many problems, to solve these problems, learn foreign prosecution of procuratorate-originated public interest litigation, and in accordance with the principle of checks and balances, from procuratorate participate in the proceedings identity, does not enjoy the priority right to sue for all public interest cases, front administrative procedures, limitation of actions and counterclaims, and procedural rights and other aspects, it is very necessary to procuratorate-originated public interest litigation with appropriate limitation. The extent necessary for the procuratorate-originated public interest litigation, to better safeguard the national and social public interests, for the greater benefit of our country and people.