Research On The Public Interest Litigation Prosecuted By Procuratorial Organs

With the frequent occurrence of environment pollution and food safetyincidents, the Songhua River Pollution and the Sanlu Milk Powder Scandal havebreak the bottom line of public’s ethic. There are inconsistencies between thepunishment for subject liabilities and the interest they have got. Compared with thehuge profit which comes from the infringement of public’s interest, few subjects canbe resorted to protect the interest of public. The reason can be generalized as thepoor awareness of legal concept and the idea of take a ride, but the fundamental onelies in the imperfect civil public interest litigation system. With the rapiddevelopment of social economy, the mode of production and life, and the issue ofpublic hazard incident become serious. Under the consideration of protecting thepublic’s interest, all nations have established related litigation system on publicinterest litigation. In some developed countries, the public interest litigation has gonethrough establishment, development to mature. While in our country it has a longway to go under the current social nomocracy condition. The masses anger uponserious violation of public interests does not gain strong sanctions, but unqualifiedsubject of proceeding issued by court. The reason why legal interest of the massescan not enjoy full protection is that Civil Procedural Law has close restraint ofsubject of proceeding, and the prosecutor must be the person who has the directinterests with the case. Only obligee and obligor under the substantial law can belitigation parties. The present legal framework is hard to break through, soprocuratorial organs have already been pushed to the front position withempowerment to take civil public interest litigation. In the context of accidents andlagging civil public interest system, procuratorial organs empowered to take civilpublic interest litigation is an irresistible trend. Meanwhile, the study of civil public interest litigation system is of great importance and significance. The purpose of thispaper is to provide references for filing cases and subject of proceeding by furtherdiscussion about vesting procuratorial organs with power in taking civil lawsuit.In most countries which operate the procuratorial system, procuratorial organsare entitled to the corresponding right to appeal when they combat cases ofmalfeasance which invade the national interest and the public interest. In the earliestperiod when China brought in and operated the procuratorial system, procuratorialorgans are undoubtedly the representatives of the national interest and the publicinterest. Their nature and duties determine the legal status of the representatives ofthe public interest. At present, although China’s public interest litigation system isnot sound in the legal level, procuratorial organs have made a series of fruitfulexploration in safeguarding the public interest in legal practices, which protects thepublic interest from being invaded by malfeasance. Therefore, clarifying theprominent role of procuratorial organs in the civil pubic interest litigation not onlyaccords with the development trend of the international public interest litigation, butalso meets the actual requirements of protecting the public interest.Procuratorial organs which play an prominent role in the civil public interestlitigation are not only effectively supported by relevant legal theories, but alsosupported by relevant legal basis in China’s existing legal framework. Besides,comparing with other subjects of public interest litigation, procuratorial organs havea number of talented personnel who have solid foundations of legal theories and richexperiences in litigation practices, which has irreplaceable advantages in protectingthe public interest and combating the malfeasance of invading the public interest onbehalf of China.According to the conditions of the social and economic development in China,the actual conditions of China’s legal system and the internal characteristics of China’s procuratorial organs, the civil public interest litigation system ofprocuratorial organs should be designed in accordance with their nature andcharacteristics. When the system is being designed, appropriate public interestlitigation systems should be adopted, like the multiple start-up mode of litigation.Meanwhile, in order to prevent the civil litigation from being heavily interfered bythe procuratorial power and protect that power from being abused, the scope ofaccepting cases and relevant rights of procuratorial organs should be strictly limitedin the field of the civil public interest. The author hopes that through the discussionsof China’s public interest litigation system in the paper, relevant legal systems willbe improved, ensuring that procuratorial organs, as representatives of the publicinterest, can play an important role in protecting the public interest from beinginvaded.