Research On Procuratorial Organas Platintiff Of Economic Public Interesrt Litigation

With the establishment of social-oriented concept and independence of socialpublic interest, the economic public interest litigation system has been established andfurther developed in foreign countries. Due to its aim of safeguarding environmentalpublic interest, the economic public interest litigation system draws attentions ofscholars and then is extensively studied in China. However, there is no such a publicinterest litigation system in China since there are kinds of limitations and deficiencies.The most significant constraint for establishing such a system in China is thedetermination of qualification of the plaintiff in the economic public interest litigation.As a core and key in the economic public interest litigation system, scholars and legalpractitioners conduct numerous discussions and studies and make a rich outcome,which will be conductive to establishment of environmental public interest litigationsystem in China. After studying the developments and practices of qualification of theplaintiff in the environmental public interest litigation in foreign countries andanalyzing the range of the plaintiff in environmental public interest litigation in China,the thesis draws a preliminary conclusion that it is appropriate that the procuratoratesact as the plaintiff in the future and this conclusion is the basis of the thesis.With a progressive approach, the thesis includes five chapters. Chapter One is theintroduction which introduces the background, the purpose, the significance of thethesis, the research overview at home and abroad, the main content, the studyingapproach and innovation of the thesis. Chapter Two studies the definitions andcharacteristics of public interest litigation and economic public interest litigation.Chapter Three discusses the theory of proper party that the procuratorates bring aneconomic public interest litigation and the necessity, feasibility and theoretic basisthat the procuratorates bring an economic public interest litigation. Chapter Fourintroduces the developments of the economic public interest litigation in foreigncountries and what we can learn from their experiences. Chapter Five explores thedesign that the procuratorates bring an economic public interest litigation, whichcovers basic principles, scope of accepting cases, the procedures and other special issues. Through the above study, the thesis concludes that it is appropriate and feasiblethat the procuratorates bring an economic public interest litigation in China sincethere are successful practices in foreign countries and legal basis in China.The thesis applies approaches in subjects such as the law, economics andsociology. The thesis analyzes the mode of participation of the procuratorates ineconomic public interest litigation and explores the mode of participation of theprocuratorates in the mentioned litigation in China. Furthermore, the thesis bringssuggestions for improving our legal environment, which are of great significance forspecifying powers and functions of the procuratorates and accelerating the judicialsystem reform.