Research On The Right Of Investigation Of Procuratorate In Public Interest Litigation

There is a topic of the theory and practice that procuratorate can or cannot enjoy the right of investigation in public interest litigation. If it can then how should they act during the investigation. After the fourth plenary session of the 18 explicitly proposed that the procuratorate should participate in public interest lawsuit system, the Supreme People's Procuratorate have published ‘Reform Program About The Procuratorial Sued For Public Interests Litigation', the procuratorate participate in public interest litigation is imperative, but this file does not concrete on system construction, including what power do procuratorate haves in the public interest litigation. Even though the relevant scholars have had a small amount of research on this field, they only discuss this topic in the macro level and not mentioned procuratorates investigation rights in public interest litigation and how do procuratorate participate in the public interest litigation cases, and the performance of the procuratorate supervision function indispensable safeguard measures. Therefore, there is a great significance and far-reaching on research and concept the procuratorate in the public interest litigation system of investigation. In this paper, based on the theory of public interest litigation and the field of litigation of civil law and administrative law, the power of procuratorate in the public interest lawsuit system in our country has carried on the idea. In addition to the introduction, this paper is divided into four parts.Part ?: The concept of public interest lawsuit procuratorate investigation pedigree. Defining the public interest litigation and the procuratorate investigation authority, combing the relationship between the authority and other similar power, clear the particularity of enforcement power of procuratorate in the public interest litigation.Part ?: The legitimacy of procuratorate's right during the investigations of public interest lawsuit. Both theoretically, legally or practical, the procuratorate in the public interest lawsuit enforcement power configuration are required, and it is feasible which has the proper value.Part ?: The conflict and coordination of the power of procuratorate during the public interest lawsuit investigation with other related power. By analyzing the conflict and coordination of the party's related rights and the court, procuratorate participating in courtroom cross-examination of the conflict between power and legal supervision coordination problems, try to summarize the procuratorate to exercise such investigations should embody the state intervention and the basic principle of private law.Part ?: The preliminary conception of public interest lawsuit procuratorate investigation configuration. Through this part, defining the enforcement power of procuratorate in the public interest litigation including the basic principles, scope, method, effect, application, security, supervision and restraint, and a series of concrete system idea, trying to push the procuratorate to participate in the construction of public welfare lawsuit system.