Research On The Civil Public Interest Litigation By Procuratorial Organs Of Our Country

In recent years,With the economy reformed thorough,economy has developed rapidly,but at the same time,The phenomenon of encroaching on public interest has happened from time to time.These events destruct our environment and harm our health even lives.In face of increasingly serious violations,procuratorial organs should stand up,through filing public interest litigation to preserve social and public interests.In order to further study the system of procuratorial organs filing civil public interest litigation.This article is divided into four parts.The first part mainly expounds concept and discusses the theoretical basis of the procuratorial organs filing public interest civil litigation..The second part mainly discusses the feasibility and necessity of procuratorial organs as the qualified plaintiff.The third part compares the present situation of the domestic and foreign procuratorial organs filing civil public interest litigation.The fourth part is the suggestions for the improvement of civil public interest litigation in our country.I thinks that as long as the legitimate interests of the majority are infringed,pro-curatorial organs can sue them.On one head,I prove the necessity of the scope of cases,On the other head,I suggest that expand the case scope,including the cases of national asset lost,important anti-monopoly cases.About the way of proceedings started,according to China's national conditions,should be applied to multivariate proceeding starting ways,in addition to bring a suit directly,I recommend that procuratorial organs could participate in the proceedings,through providing the opinions of law application.On the issue of withdrawing an action,in order to protect the public interest better,the author claims that claim withdrawing should be limited necessarily,shall be decided by the supervisory committee group discuss and for the big case should also be submitted to the standing committee of National People's Congress.On the issue of burden of proof,the author argues that the conversion of onus probandi should be regulated according to the different situation.In this paper,we could discuss some problems related civil public interest litigation system and improve the system.To write this thesis I read a large number of literature,I use the following methods in the writing process:summarizing and inducing method,literature research method,method of comparative analysis.