The Discuss Of Function Of Procuratorial Organ In The Public Interest Litigation In Our Country

With the development of society, a series of public interests, such as environmental pollution and the loss of state-owned assets, are in front of us. With these public problems, public interest litigation has become more and more important means which we used to safeguard public interests, but in terms of China's current system of public interest litigation, whether the system or program are still not perfect, no basis practice too much plus, protection is not conducive to the public interest. In recent years, as a new form of litigation, public interest litigation, plays an increasingly important role in the construction of the legal system of the country, especially in the exploration of the procuratorate public interest litigation system which was t put forward by Central Committee, the procuratorial organs as the litigation participants to join the public welfare lawsuit, to inject vitality into the public interest litigation. The procuratorial organs as the national legal supervision organs, in the face of the law's own functions and its role in public interest litigation is one of the special status, they must further smooth their functions, in order to better play its role.Especially in the party's the fourth Plenary Session of the 18th CPC Central Committee, it put forward the idea of exploring and establishing the public prosecution system of the procuratorial organs,and carried out the pilot work of the 13 provinces by the Supreme People's procuratorate. With the gradual development of the pilot work,some legal basis and practical experience have formed a test for the development of the work. The function orientation and function work of procuratorial organ in public interest litigation is very important. Which cases can bring a public interest litigation,which organs have jurisdiction, which needs to be carried out before the proceedings, and if the case is lost, how will the division of responsibility? These are the problems directly faced by the public prosecution organs of the prosecution, and if not resolved, the development of public interest litigation is bound to be obstructed. And we need to resolve the protection of the public interest is inconsistent, so it requires us to carry out the work at the same time will be related to laws and regulations,the case examples are summarized,in the pilot carried out at the same time to provide a legal basis for public interest litigation and case guidance. Our civil and administrative procuratorial departments have undertaken the work of public interest litigation, and the investigation and supervision departments, the public prosecution departments and other departments have worked together to ensure the development of public interest litigation. To carry out the work more and more can show the lack of public interest litigation and legal experience, carry out from the Supreme People's Procuratorate issued the guiding case and litigation informed point of view, the public interest litigation problems must be solved, we need to explore new ideas, and make a little contribution for the judicial reform.This paper is based on the theory of public interest litigation,starting from the origin of the public interest litigation, gives different interpretations of comparative origin, the definition of public interest litigation; at the same time the characteristics and experience of foreign public interest litigation functions of procuratorial organs.According to the current domestic situation and the problems of the public interest litigation in the pilot work, and the rule of law reform in the analysis whch liability procuratorial organs taked on, the procuratorial organs should bear what functions and how to perform its functions, in order to protect the public interest to contribute.This paper consists of four parts,the first part mainly from the public interest litigation related theory research about the classification, origin and nature, public interest litigation including public interest litigation, combined with China's procuratorial organs in criminal proceedings, to investigate the legitimacy of the procuratorial organs filed public interest litigation.The second part of the main characteristics of foreign public interest litigation procuratorial organs are analyzed, mainly in France, Germany, the United States and the British model, and their history, experience, successful model analysis were summarized,then summarizes its main features: mergers, authorization and does not assume the losing risk; summed up the experience of extraterritorial prosecution the public prosecution organ: expand the scope of the subject, the system first, perfect procedure.The third part starts from the public interest litigation procuratorial organ in China itself, will first locate the functions of procuratorial organs in the public interest litigation,especially in administrative litigation. As there is no experience can be used under the condition of analyzing the connotation of various theories, advantages and disadvantages and advantages and disadvantages of the combination, gives the construction of procuratorial organs in the public interest litigation the functions. It comprehensively considers the procuratorial organ's position in the public interest litigation, the scope of public interest litigation, the way of bringing up, the right, and the related construction in the procedure. It expounds the related functions, including investigation and evidence collection, pre litigation review, prosecution of plaintiff and supervision afterwards.In the fourth chapter ,according to the division of functions of procuratorial organs in the public interest litigation, the specific steps of procuratorial organs to exercise in public interest litigation, such as Vocational litigation filed to start the procedure before litigation, litigation in prosecution, litigation, litigation: the end of the protest ended are pointed out.