Study On The Establishment Of A Civil Prosecution Filed Public Interest Litigation System

Civil Suit System is the sum of organs and social organizations by law in order tosafeguard the public interest and civil litigation and the litigation system is running aseries of public interest litigation against the acts harm the "public interest." Initiatedpublic interest litigation stems from Roman law, the action mode of modern Westerncountries has been further improved and developed. China’s public interest litigationsystem started late, the public nature of the proceedings have started in the last century,but the "victim" of the plaintiffs that the uncertainty and no clear legal provisions,many events that harm the public interest because in real life The plaintiff can not sueuncertain. However, due to the civil public interest litigation system as an importantpart of the legal system, has irreplaceable advantages, gradually become a problem ofmany jurists and legal practitioners concerned, and get more and more theoreticalsupport. August2012, the newly revised "Civil Law" Article55adds provisions onpublic interest litigation, we can say is unprecedented, marking the birth of publicinterest litigation. However, this provision does not explicitly mention the subject ofpublic interest litigation can, agencies and related organizations whether the inclusionof the provisions prosecution remains controversial issues. Until October23,2014,"the CPC Central Committee decided to comprehensively promote the rule of law on anumber of important issues," the party’s eighteen Fourth Plenary Session presented toexplore the establishment of the prosecution filed public interest litigation system,again so that the "public interest litigation system." theory and judicial sectors become.The establishment of a socialist market economic system in the process of rapideconomic development at the same time, state-owned assets is serious, have occurredagainst the national interest and the public interest events. However, due to lack ofpublic interest litigation system in China in the legislation, in particular the relevantprovisions of the plaintiff’s eligibility is not clear, in the national interest and publicinterests have been violated can not be a strong relief and maintenance. The Westerncountries have already established and improved system of public interest litigation prosecutors were given the right to bring civil public interest litigation. Therefore,China has established a civil prosecution filed public interest litigation system isimperative.Firstly, the basic principles and the basic principles of civil public interestlitigation and litigation, foreign experience, combined with the newly revised "CivilLaw" and eighteen senior Plenary Communique and spirit of the Supreme Court justissued on civil Litigation judicial interpretation of the relevant provisions on publicinterest litigation on the establishment of a civil prosecution.Secondly,thefiled publicinterest litigation-related issues are discussed to arrive at the establishment of a civilprosecution filed public interest litigation system practical conclusions. Finally, someof the views and opinions on the establishment of the prosecution filed a number ofprocedural issues of civil public interest litigation system in the judicial practice face.