Analysis On Plaintiff Qualification Of Civil Public Interest Litigation Presented By Procuratorial Organ

With the rapid development of China’s economic and social development,especially the process of the rule of law gradually expand, the people for deepeningthe understanding of the law, the rule of law concept is growing at the same time,people for behavior and activities involved in the social and public interests also paymore attention to, because of this problem in the field of civil public interest litigationis more and more prominent, the urgent need for the civil public interest litigationlegislation to solve the problem of the protection of the public interest. In Europe andthe United States and other western countries, by the procuratorial organs filed civilpublic interest litigation system has become more mature legal system, and in ourcountry, although the current civil procedure law stipulated in article55:"to pollutethe environment, infringes upon the lawful rights and interests of consumers andother harm social public interests, the law of the authorities and relevantorganizations may bring a suit before a people’s court." But there is no specificprovision by which or which organs and organizations filed civil public interestlitigation. In practice, China’s procuratorial organs have to infringe on the illegalaction of the state and public interests lawsuit, which has carried on the preliminaryexploration, but in theory have not form a complete and unified by the procuratorialorgans filed civil public interest litigation system. For the need of national and socialpublic interests, it is necessary to give the procuratorial organ in certaincircumstances the power of the civil public interest litigation.In view of the civil litigation legislation on public interest litigation judicialfunction configuration is far from optimal degree, so the problem of procuratorialorgans filed civil public interest litigation further systematic and comprehensive study,in the modern era has special important theoretical significance and practicalvalue.People to build any a system, to guarantee its benign operation, the systemestablished by the system benign operation play its default function and role, and tothe society must be prior to the study of the theory of the corresponding system to fully. Procuratorial organs filed civil public interest litigation, and is not a simplecopy of criminal prosecution, more than imagined, but with the needs of the realityand theory support. Research by the procuratorial organs as a civil public interestlitigation plaintiff qualifications, the author from protecting our national interests andthe need of social and public interests, according to the current social economy andour country’s present civil public interest litigation system for the lack ofprocuratorial organs filed civil public interest litigation regulation perspective, toexplore to build the rationality of the procuratorial organs filed civil public interestlitigation system in our country. At the same time, the litigation right theory and thetheory of procuratorial supervision, as well as the reality of the procuratorial organsfiled civil public interest litigation on the preliminary exploration and practice ofprocuratorial organs filed civil public interest litigation system for the feasibility; Thispaper defines the scope of procuratorial organs filed civil public interest litigationcases, thus for on behalf of the state public power of procuratorial organ has thenecessary rights limits; Finally through certain theory is expounded, and theprocuratorial organs filed civil public interest litigation in both system within theframework of proper construction of the system logic.The author thinks that, as people thought of rule by law and rule of law conceptof constant progress, on the legislation of civil public interest litigation in our countryhas become more and more mature subject to clear the timing of his right to appeal.Of course have enormous rationality, a system does not necessarily mean that thesystem can be applied in practice naturally, the procuratorial organs filed civil publicinterest litigation system is the same. By the procuratorial organs as civil publicinterest litigation the plaintiff main body has the feasibility and rationality, this onlyshows that by the procuratorial organs filed civil public interest litigation systemought to exist. In reality, however, cannot be denied, establish and improve theprocuratorial organs in our country as the main body of civil public interest litigationsystem, must have certain specification, is it necessarily wants to be coordinated withthe whole civil litigation laws, and must be adapted to the current social economicdevelopment level. The author tries to from solid Angle, the procuratorial organs filedcivil public interest litigation system is expounded, the construction of a to be adapted with the judicial practice in our country’s civil public interest litigation system.