Research On Civil Public Interest Litigation Presented By Prosecutors

In recent years, the public interest litigation frequently appears in the public field of vision, and whether the prosecution may bring civil public interest litigation it is the focus of academic discussion. At present, many countries have established public interest litigation in civil prosecution, and tend to improve judicial practice constantly. But in China,2012"Civil Procedure Law" provides relevant content of public interest litigation, but the procuratorial organ is still not clear whether the subject of proceedings for eligibility.I believe that, from the development trend of the world and China’s own characteristics analysis and the prosecution, the procuratorial organ should be instituted civil public interest litigation, and should be in the legislation as soon as possible on the status of the prosecution and litigation related to the specific program requirements. This paper is divided into five parts, namely the public interest litigation overview detailing public interest litigation, concepts and characteristics of civil public interest litigation, to lay the foundation for the study; Second, the prosecution filed civil public interest litigation theory, the theory by analyzing the right to appeal updated parties eligibility expansion and "litigation interests" concept of subjective and objective litigation theory and the theory of the right of prosecution litigation trust theory, bring a civil action for prosecutors to find strong theoretical support; Third, foreign procuratorial organ of civil public interest litigation reference, a list of representatives of common law and civil law theory and practical experience of advanced countries for China to provide useful inspiration; Fourth, public interest litigation in civil prosecution of visits, participation from civil prosecution of public interest litigation history to start, prosecutors filed a civil clarify the necessity and feasibility of public interest litigation; Fifth, prosecutors filed civil public interest litigation system to build a clear legal status of lawsuits filed and the prosecution principles, norms litigation scope and practical level specific program design.