Research On The Power And Responsibility Allocation Of Procuratorial Organs In Public Interest Litigation

Public interest litigation of public interest to become a kind of typical collective action, the procuratorial organs of public interest action that is a kind of collective behavior, and thus can not get rid of the plight of collective action, the power of the right and responsibility allocation of procuratorial organs has become a way to overcome the dilemma of collective action.Although many procuratorial organs in recent years have made some social effects and legal effects, but the theory and practice of public interest litigation in the public interest litigation. Under the circumstance of weak supervision, the procuratorial organs of the rational economic man can not treat the public affairs as to their own affairs, and to change the positive of the public interest litigation, the problem is to overcome the problem of the allocation of authority in the public interest litigation.This article is composed of three parts: introduction, text and conclusion. The main text is the main body of this paper, which includes three aspects.The first part, the public choice theory perspective, public interest litigation is a kind of "collective action", since it is collective action, it is difficult to get rid of collective action, the best way is to take the public responsibility of the procuratorial organs, is the incentive and restraint mechanisms, is the responsibility of the public interest litigation is the effective way to overcome the plight of collective action, is the reality of public interest litigation, It is conducive to the comprehensive protection of the public interest of the state and the society, the maintenance of social equity and justice, and the construction of a harmonious society.In the second part, public interest litigation in procuratorial authority configuration of theoretical and realistic predicament. This part from the theory and practice of layer in the face of procuratorial organ in public interest litigation in accrual allocation suffered the plight of the review, the theoretical level is mainly role is unclear, mainly for when people said, double identity, social public interest representative said, the state prosecutor said,legal supervisor said; practice of procuratorial personnel how to allocate, which cases can be filed public interest litigation, mediation can, withdrawal and other are controversial.The third part is about the purpose of this paper, which is the focus of this paper, and is divided into six parts. Taking the principal-agent theory as the guidance,the construction of the incentive and restraint mechanism is the key point.In determining the role of the public interest litigation in the role of the legal authority,the right to use the principle of the right to abuse the right and responsibility,and to determine the role of the public interest litigation,the prosecution of the relevant rights,to implement a special burden of proof and the procedure of public interest litigation must implement the obligations of the pre procedure,the establishment of the relevant supervision system,strengthening the information disclosure and other aspects of public interest litigation in the public interest of the allocation of powers of the preliminary idea.