Research And Design Of The Role Of Prosecutorial Organization In Public Interest Litigation

In recent years, with the damage public interests phenomenon of the emergence, "public interest" has frequently appeared in public view, in promoting the construction of socialist harmonious society in contemporary era, the public and legislators began to pay more attention to it. Based on the content of "people's Procuratorate filed public interest litigation implementation measures", author put forward the deficiencies and suggestions for the design of the provisions of these measures.The first chapter is about how to put an overview of public interest litigation, including the concept of civil public interest litigation, administrative public interest litigation, legal basis and characteristics.The second chapter of this paper describes the multiple roles of procuratorial organs in the public interest litigation, including the procuratorial organ as plaintiff qualification of plaintiff and ordinary common civil litigation plaintiff, administrative litigation, comparative of the role of the prosecution in civil litigation and administrative litigation of the position difference and the qualification of the subject status in public interest litigation.The third chapter is the system design of the procuratorial organs under the different roles in the public interest litigation. This part designs the procedure of the procuratorial organs in the two kinds of lawsuit, which is from the review of the case, the origin and processing of the clues, the pre-trial procedure, the investigation and evidence collection, the burden of proof and the related problems in the trial procedure.