Research On Public Interest Litigation Issues By Procuratorial Organ

Abstract:Since the reform and openness, with the rapid development of China’s economy, environmental pollution, and other against the public interests acts have occurred, like numerous infringement for rights and legitimate interests of consumers, and there is a growing trend. How to through prosecution to file a public interest litigation when there is no one or the victim party unwilling or dare not to sue is becoming a new area for prosecution to in-depth study and practice.After the modification of the Civil Procedure Law, the provision of Article55said that "the organs and relevant organizations for the laws and regulations allows" must be the public interest litigation’s plaintiff. In theory, there is a big controversy for who should be a plaintiff to file a public interest litigation. To sum up, generally involves four subjects:prosecution, administrative organs, society groups and individual citizens.Firstly, the essay analyses the foundation and existing defects of the subjects who could file a public interest litigation in our country now, and draw a conclusion that it have many problems either administrative organs, nongovernmental organizations or individual citizens to file a public interest litigation, which reflect that it have many advantages for the prosecution to file a public interest litigation.Secondly, the essay makes a comprehensive analysis to prove the prosecution has a properly status to file a public interest litigation from foundation, necessity and advantage, and provides a solid foundation for the prosecution to file a public interest litigation.Finally, the essay discusses the range and procedure for the prosecution to file a public interest litigation through the prosecution’s function and the principle for maximum protecting national and public interest.