Study On The System Of Civil Public Interest Litigation Brought By Procuratorial Organ

Civil public interest litigation is to protect the public interest of the society, which is to protect the public interest of the society. The civil public interest litigation originated in ancient Rome, and later developed in the legal system of the western countries and became a kind of modern litigation system. The procuratorial organs of the countries of the common law system and civil law system are the new development of the procuratorial system. Civil public interest litigation in our country, although it has been established, but the plaintiff qualification is vague, but from the theory and practice can be seen, the procuratorial organs of civil public interest litigation should be, in 2015 the procuratorial organs of civil public interest litigation as a pilot reform, has been put into practice. So the purpose of this paper is to study the many details of the public interest litigation of the procuratorial machine.In of civil litigation and the public prosecutors filed based on the definition of the scope of the civil public interest litigation. First of all, the article elaborated to initiate the civil public interest litigation in a variety of subjects, including the procuratorial organs and the authorized by law of the citizens, social organizations, within the scope of the law has the right to against the social and public interests is subjected to unlawful infringement, filed a civil public interest litigation. Then combined with the characteristics of civil public interest litigation at home and abroad, this paper expounds that the public interest litigation in our country has a variety of features in the interests of the public and the parties. Finally, the plaintiff qualification of the civil public interest litigation, from the experience of foreign countries, from the citizen, social organization, procuratorial organs of the three aspects, for the following of the procuratorial organs of civil public interest litigation for theoretical foundation and preparation.On the basis of the theory of the procuratorial organ to bring the civil public interest litigation, the paper expounds the legitimacy and feasibility of the procuratorial organs in civil public interest litigation from three aspects:the public interest representative theory, the public prosecution power theory and social affairs.The system of civil public interest litigation in our country’s procuratorial organs is the legal standard and the system of the practical operation of the system. Based on the legal basis, combined with judicial practice in China and abroad in recent years, the author concludes the defects of the procuratorial organs, including the lack of the principle of prosecution, the unclear legal status, the narrow scope of the case, the lack of specific proceedings.The preliminary conception of the perfection of the system of procuratorial organs in our country. First, the procuratorial organs filed civil public interest litigation should follow four basic principles, namely public assistance, exhausts the relief principle, independence principle, the prohibition of the right abuse principle. This paper summarizes the legal status of the procuratorial organ in civil public interest litigation has is litigation procedure of parties ", and action in the process of legal supervisor ". Once again, this paper describes the scope of the prosecution of the prosecution case, the standard definition of the standard, including damage to the high frequency, wide range of damage, three aspects of the management of emergency.Finally, this paper makes a detailed suggestion on the concrete proceedings, with the view that the procuratorial organ in China is getting better and better in the way of civil public interest litigation.