Study On The System Of Civil Public Interst Litigation Of Procuratorial Organs

With the continuous improvement of the degree of human civilization, the rapid development of social economy, the ecological environment has been unprecedented destruction. As a developing country, China has made remarkable achievements in economic construction since the reform and opening thirty years ago, but has also exposed the serious environmental pollution problems. In October 23, 2014, the eighteen session of the Fourth Plenary Session proposed to explore the establishment of "procuratorate public interest litigation system". To explore and construct the system of civil public interest litigation has become an urgent problem in the process of China’s rule of law. Through exploring the theoretical basis of the procuratorial organs to establish the civil public interest litigation, the paper analyzes the judicial practice of domestic and foreign public interest litigation, and ultimately to explore the establishment of the procuratorial organs in the public interest litigation system in the procuratorial supervision of the configuration and the design of the program, a few specific recommendations.The first part is the introduction, which introduces the background and purpose of this paper, the research significance; the second part is the establishment of the civil public interest litigation system of theoretical research, through empirical analysis of the status quo of China’s civil public interest litigation, analysis of China’s current civil public interest litigation system, to explore the necessity of establishing public interest litigation system in china. Through theoretical research to demonstrate that the legal supervision of the procuratorial organs of the property determines the interests of litigation in the civil public interest litigation, procuratorial organs should be given the plaintiff’s qualification. The third part is to demonstrate the feasibility of the establishment of the civil public interest litigation through the empirical analysis of the function of the procuratorial organs and the role in the civil public interest litigation. The fourth part is to demonstrate the power of procuratorial power in the civil public interest litigation in the civil public interest litigation through the analysis of the path of the public interest litigation and the configuration of the procuratorial supervision. The fifth part is based on previous theoretical analysis, empirical research and the allocation of procuratorial power, from the acceptance to the litigation and other aspects to design the procuratorial organs to start the civil public interest litigation procedures.