Procuratorate Civil Public Interest Litigation Problem Research

According to China’s current national conditions, combining civil public interest litigation on the existing relevant laws and regulations, in the face of both the lack of legal system and the dual demand of the pressing needs of the reality, in this paper, for the first time in 2013 in jiangsu province filed civil environmental public interest litigation as the breakthrough point, discusses the difficulties existing in our country at present main body and the procuratorial organs filed civil public interest litigation about some questions. Under the premise of in the face of the existing problems, through the study of other countries and other law system, judge the procuratorial organs filed civil public interest litigation belongs to the current national practice, is a mainstream view. Therefore, with the reality of our country and other law of legislation, judicature, law enforcement practice experience, first of all, from the theoretical level for the procuratorial organs filed civil public interest litigation made a positive evaluation; Followed by the procuratorial organs on the practical level and individual citizens, consumer associations, environmental protection organization and the administrative organ and so on compares the advantages and disadvantages of related subject; The last pan, judge the procuratorial organs filed a public interest litigation in our country is a theoretical basis and practical operability.Given in this paper, we study the civil procedure law of the direction, can be seen from the case, due to the lag of relevant system in our country, so the case is only representative of the accumulation of practice experience, lacking the support of relevant legal system. Considering the particularity of the procuratorial organs subject, at the same time of exploring to establish relevant system, be sure to clear the body of the procuratorial organs qualification problem, from the legislation and in theory should be for the determination of main body qualifications of procuratorial organs, procuratorial organs can’t can depend on, the court did not dare to accept.In addition, shall be for the establishment of the procuratorial organs filed civil public interest litigation clear a set of corresponding rules, should be ordinary procedure from the program, according to the case of major degree even appropriately increase the number of judges. This article also through our other department law cases in a variety of different types of the corresponding specific rules stipulated in the Settings, the procuratorial organs filed civil public interest litigation from before and after to v. v. v. to follow the corresponding consideration and demonstrates the principle and theactual operation and related Suggestions are put forward. This paper in the still of procuratorial organ in the civil public interest litigation for the other main body support prosecution system and supervision system, etc, has made the detailed elaboration; Based on the special properties of the civil public interest litigation cases, considered between civil liability and administrative liability and criminal liability into questions about application。Through the above argument, from the aspect of theory and system construction level, for the procuratorial organs filed civil public interest litigation related issues are made in this paper and reasoning, combined with the provinces, municipalities in procuratorial organs filed civil public interest litigation is one of the problems in the judicial practice accumulation of experience, for the procuratorial organs filed civil public interest litigation to explore the practical application.