Concerning The Improvement Of The Procuratorial Organs Filed A Public Interest Litigation System In China

Since in recent years, our country all the assets loss, pollution damage to the ecological environment and a series of increasingly serious infringement and damage the interests of the state, the collective and the social public negative events and news frequently in the press, the people increasingly pay attention to protect public interests, the establishment of a social public interest litigation system to become the hot topic which the academic discussion, especially set up and improve the problem of procuratorial organs filed a public interest litigation system, but also become the focus of the scholars think in recent years.From the basic principle of public interest litigation legislation and countries outside the judicial practice, have the right to the main body of public interest litigation, the practice of different countries and regions is not the same, but in different legal systems, under the different social system and the judicial system of public interest litigation system, they have in common is awarded to the procuratorial organ in the public interest litigation litigation right, more countries or regions the procuratorial organs as civil or administrative litigation field basic principal of public interest litigation.Therefore, the procuratorial organs filed public interest litigation in countries outside and the area is a kind of money.Our country has initially established a system of social public interest litigation, but the rules are deficient.Establish and improve the system of public interest litigation, the legislation must first answer questions who has the right to Sue.If outside the relevant, and considering the actual situation of our country, have the right to the main body of public interest litigation, including but not limited to, the people’s procuratorial organs, the natural and the social public interest groups, however, the people’s procuratorial organs than any other subject is the most suitable and appropriate.To establish the people’s procuratorates of our country to be the main body of public interest litigation, not only in conformity with the relevant legislation of the world trend, also have the advantage of other schemes cannot transcend.This is because, the people’s procuratorial organs as the legal representative of the our country and our country social and public interests, institutions and its statutory functions and properties determine the since the foundation of the people’s procuratorates is on behalf of the public interest litigation is the main body.In today’s situation, to give the people’s procuratorial organs filed public interest litigation subject qualification, and the people’s procuratorial organs filed a series of supporting social and public interests litigation mechanism, finally through the trial procedures to safeguard and maintain our national and social public interests, is an urgent task.For this reason, in this article we try to put forward the our country people’s procuratorial organs represents the interests of the public social and public interests litigation some opinions and Suggestions of related systems.Countries, in other words, all of the assets related to the case, especially serious influence, and disturbing the order of the market economic competition environment of economic cases, especially serious environmental hazards related cases, especially serious illegal land use and development related cases, and other involved in our country and social public interests of those who did not specify those cases of lawsuit main body, should be established for the people’s procuratorial organs as the main body to prosecute cases type.On people’s procuratorial organs in our country, social public interest litigation in the appropriate legal status, we believe that should be positioned as a special type of the public prosecutor, of course, the people’s procuratorial organs and law enforcement supervisors of legal identity and status.In addition, the particularity and the special social and public interests litigation cases also require a special supporting system, establish a series of these systems including but not limited to, establishing the system of prosecution before the notice, establishing social damage punitive damages system, establish the statute of limitations for certain special restriction system and other supporting measures.Proverbs have cloud, no relief right is not right.In order to avoid the lawsuit right to the people’s procuratorial organs illegal abuse of public interests and damage the lawful rights and interests of the opposite party, country and establishment of the people’s procuratorial organs necessary supervision and restraint mechanism.Therefore, it is necessary at the appropriate time to modify the "state compensation law" in our country, especially in the judicial compensation section, mainly to join the people’s procuratorial organs in the social public interest litigation provisions, shall bear the liability for compensation in the trial to prevent and avoid the people’s procuratorial organs abuse indictment power and an intrusion and hurt each others legitimate rights and interests of the parties and phase illegal misconduct.