Research On Procuratorial Organs Sue Civil Public Interest Litigation

The 2012 revision of the “Civil Procedure Law of the People’s Republic of China” article 55 is the civil litigation on the public interest protection has been made the principle rules.But there are some theoretical problems unresolved.Specifically, how to define the public interests and public interests could be a civil lawsuit target? What is the specific meaning of "law authorities and relevant organizations" ? Can the procuratorial organs sue civil public interest litigation? Whether individuals have the litigation subject qualification? Civil public interest litigation should follow what kind of program? Existing law did not make detailed provisions to above problems, this makes the public interest protection existing realistic obstacles of civil action.The people’s procuratoratesue a public interest litigation will not destroy the principle of "autonomy".Won’t destroy the principle of equality of litigation. There is no "the watchdog" paradox. In our country, procuratorial organ sues civil public interest litigation has the historical origin and the system origin. And procuratorial organs have the unique advantages what administrative departments and social organizations do not have. Western developed countries have much experience of the legislation and practice in this area, it is reference significance to our country.The start of the civil public interest litigation in our country should be diverse, procuratorate is one of them. Procuratorate in civil public interest litigation should abide by certain prepositional procedure. To prevent diverse variety of litigation right conflict,we need to setting start proceedings in a sequence.After using other litigation, procuratorial organs can sue the civil public interest litigation. Procuratorial organs’ scope of accepting cases and power in civil public interest litigation should be limited.And it is necessary to specify the procuratorial organs of the burden of proof.In addition to preface and conclusion, the body of the article includes three parts.The first part analyses the obstacles of public interests protected by the laws of the civil litigation.This part mainly discusses the following three questions: Definition of public benefits and can it be suited. The difficulties of public interest litigation case.Canprocuratorate step in civil public interest litigation?The second part discuss the rationality of the procuratorial organs sue civil public interest litigation. There are three questioned voice of the procuratorial organs sue civil public interest litigation, It is necessary to be responded. Thus demonstrating the authenticity and possibility of public interest litigation brought by the procuratorates.The third part design the procedure of procuratorial organs sue civil public interest litigation. There should be various subjects of civil public interest litigation in our country. People’s procuratorate to lodge a civil action should be limited by program.