On The Prosecution Welfare Operating Procedures Proceeding

Procuratorial organs in the process of the development of public interest litigation in our country have played an irreplaceable role. In recent years, China's procurator organs to the loss of state-owned assets, such as environmental pollution cases filed public interest litigation, vigorously promoted the development of public interest litigation, to maintain the state interests and public interests, realizes the legal effect and social effect, the organic unity of political effect, worthy of affirmation. Compared with other subjects, the procurator organs filed public interest litigation is a more scientific and feasible, which is the developing direction of the public interest litigation in our country. But the procurator organ as the main body of public interest litigation qualification is not to specification. And if the procurator organs as legal supervisor and as the plaintiff filed public interest litigation, will seriously affect the plea both litigation status of equality, the unbalance between the litigation rights and obligations of parties, also affect the independence of the court. Therefore, under the background of the 18th the fourth plenary session of the communist party of China put forward to explore procurator organs filed public interest litigation system. In order to make the system better service in the current social development. We should as soon as possible through the legislative way give the procurator organs of public interest litigation plaintiff qualification, discusses the possible problems in the process of operation, related to the establishment of solution, solve the public interest litigation in the actual operation process relevant procedure and entity problems. In this paper, first of all, the essay discusses the basic theory of public interest litigation, and then focuses on the research of procurator organ as the plaintiff of public interest litigation in the specific program is running in the process of litigation.