Research Of Procuratorial Organs Filing Civil Public Interest Litigation

During the three decades of reform and opening up, along with the continuous development of our society and economy, new social contradictions and disputes are emerging, such as environmental pollution, the infringement of consumers’ rights and the encroachment of the interest of the inferior group in society, etc. however, due to the problems existing in our public interest litigation system, such as the legal insufficiency, system deficiency and cognitional deviation, and so on, national and pubic interest can not be effectively maintained and relieved; consequently, it’s really unrealistic to merely endow citizens with the plaintiff qualification of civil public interest litigation.This paper starting from the perspective of civil public interest litigation, with Article 55 in the new Civil Procedural Law as the background, this thesis studied on, proved and reasoned the system design of procuratorial organs’filing civil public interest litigation. In this paper, besides introduction and conclusion, the main text is divided into four parts, the first part The author made brief analysis on the connotation and characteristics and the origin & development of civil public interest litigation, litigant qualification and its expansion theory and the current dilemma of the civil public interest litigation in our country. The second part by investigation into relevant theories and practice of filing civil public interest litigation to foreign procuratorial organs, the author analyzed the advantages and disadvantages of endowing procuratorial organs with the plaintiff qualification of civil public interest litigation, made some comparative research on the litigation status and function of the procuratorial organs in two law systems and summarized and abstracted relative experience that we can learn from.The third part from the local practice of our procuratorial organs’ filing civil litigation, this thesis firstly introduced the current legislation in our country from two aspects, namely, substantial law and procedural law, then analyzed the comparative advantage of procuratorial organs’ filing civil public interest litigation and demonstrated the rationality and feasibility of our procuratorial organs’filing civil public interest litigation.through reviewing our procuratorial organs’ participation in legislation of civil public interest litigation and practice and exploration in the historical development phases. The fourth part is the development process of procuratorial organs filed civil public interest litigation, from the summary against the procuratorial organs filed civil public interest litigation viewpoint, some of his own opinion, against these objections and analyzed the obstacles that procuratorial organs filed civil public interest litigation in our country may meet, and further to the procuratorial organs filed civil lawsuits need problems such as the case of the specifications and application status of exploration and design,thus this article conclusion,standardizing and guiding procuratorial organs’ filing civil public interest litigation from the aspects of law and system will definitely promote the constant development of the civil public interest litigation system in our country and give better play to procuratorial organs’ subjective initiative in safeguarding national and public interest.