A Study On Procuratorial Organs Participating In Public Interest Litigation System

Since the Fangcheng County Procuratorate put forwards the first case of public interest litigation, Chinese procuratorial organs has participated in the judicial practice of public interest litigation in disputes for eighteen years. “The Exploration and Construction of Procuratorial Organs Prosecuted Public Interest Litigation System” was put forwards in the Fourth Plenary Session of the 18 th in 2014, which push forwards the public to reach a consensus on this issue. Meanwhile, “The Reform and Pilot Scheme of Procuratorial Organs Prosecuted Public Interest Litigation” refines this agreement with strong operability. However, What kind of difficulties will China's procuratorial organs face in the process of participating in public interest litigation? What inspiration can procuratorial organs get from its eighteenth-year practice? Exactly how to build the procuratorial organs to participate in public interest litigation system in China? This paper, based on the discussion of the connotations and characteristics of public interest litigation, summarizes the present situation of the procuratorial organs participating in public interest litigation practice in our country, analyzes its problems and then supplies some suggestions to solve these issues.This article from the following four chapters to discuss the construction of the procuratorial organs to participate in public interest litigation system:Chapter One,Public Interest Litigation and Its Main FeaturesThe definition of civil public interest litigation is not unified theoretically, and its concepts are the basis of the system. We are exploring the system of procuratorial organs prosecuted the public interest litigation and its case scope, all of which are inseparable from the definition of the “civil public interest litigation”. Based on previous research results, the author tries to start from defining “civil public interest”, put forwards some understandings about “civil public interest litigation”, then summarize its different characteristics compared with traditional litigation. Finally, it could lay certain foundation for building the procuratorial organs prosecuted civil public interest litigation system.Chapter Two,the Analysis of Status Quo of the Procuratorial Organs Participating in Public Interest Litigation in ChinaThis part mainly focuses on talking about the current situation of the procuratorial organs prosecuted civil public interest litigation in our country. First of all, it starts from generalizing different opinions about the legitimacy of the procuratorial organs prosecuted the public interest litigation as plaintiff qualification, role orientation and scope of accepting cases combing different aspects in theoretical circle. Then from the perspectives of constitution, laws and the relevant judicial interpretations, the author analyzes the legal basis of procuratorial organs prosecuted civil public interest litigation. Finally, the author concludes its typical normative documents and cases in judicial practice. Thus, the thesis also sums up the practical characteristics of procuratorial organs prosecuted public interest litigation; meanwhile it makes some preparations for the third part to analyze relating issues.Chapter Three,The Issues of the Procuratorial Organs Participating in Public Interest Litigation in Our Country.This part mainly concentrates on combining the theoretical disputes, legal basis and judicial practices of present procuratorial organs prosecuted public interest litigation system in our country. After certain analysis, the author concludes some problems existing in its present practices. Additionally, these problems include: its legal authority for subject qualification is not clear; procuratorial organs' positioning role is chaotic in public interest litigation and their raising case scope of public interest litigation is contradictory; furthermore procuratorial organs prosecuted public interest litigation lacks of specific procedures.Chapter Four,The Improvement of the Procuratorial Organs to Participate in Public Interest Litigation System in ChinaIn this section, based on the analysis of above problems, it is intended to discuss the roles of procuratorial organs in the public interest litigation, its case scope, design of prepositional procedures of litigation, distribution of burdens of proof, litigation costs, litigation supervision programs and other issues. Finally, the author puts forwards related suggestions for procuratorial organs to participate in public interest litigation system in China.