Research On The Procedural Rules In Civil Public Interest Litigation Presented By Procuratorial Organ

With the advent of group incidents, the public interest litigation appeared. This litigation is aimed at protecting the interest of uncertain majority by means of the judicial procedure in order to resolving contradictions, when the administrative power is failure. Since the 21st century, the rapid updating of science and technology enhance communication among people. The disputes of public interest increased gradually. The failure of the administrative power results in the phenomenon that people would like to resolve the public disputes by means of the judicial procedure. Especially since the revision of civil procedure law, the article about public interest litigation increased rapidly. Although the educational circles have different altitude toward the public interest litigation, some parts of country have exploring setting up this system hoping to protect the public interest. Among the various subjects, the procuratorial organs is considered as the best representative of public interest. On this occasion, the supreme people’s procuratorate published the instruction of the public interest litigation which is initiated by people’s procuratorate. This instruction stipulates the specification of the system, laying the foundation of the procedural rules.Making a general survey of research products, I found that the scholars’study was about the suitable plaintiff, that is, is whether the people’s procuratorate is the best suitable plaintiff. Only the minority focus on the question of procedural rules. The discussion of the procedural rules, which is short of demonstration, is sporadic in many paper. However, the system is established on the research of theory. It’s necessary to start with the right of action, studying the purpose of the public interest litigation. Under the guidance of the goal, we could establish a better system.This thesis includes six parts. The part one is to raise a question, that is, how does the right of action provide the legitimacy of public interest litigation started by people’s procuratorate. The part two is to retreat the function of the public interest litigation, on the basis of Finiteness of Jurisdiction. The part three is to provide the legitimacy of the procedural rules in the view of human rights and constitution. The part four is to build the Disposition rules, by comparing the right of action in the public interest litigation with the ordinary right of action. The part five is to study the claims and the res judicata in the public interest litigation, by distinguishing the public right of action with the victim’s right of action. The part six is to research the procedural rules which include the right of investigation, the preservation, the litigation expenses, the counterclaim, and so on. Although establishing the public interest litigation is in favor of protecting public interest, the administrative power is the best in protecting public interest. We should strengthen the administrative supervision, preventing the injury from happening.