To Perfect The Procuratorial Organs Filed A Public Interest Litigation System Research

Since July 1,2015,the standing committee of national people in authority of the supreme people's procuratorate has launched a two-year pilot work's procuratorial organs filed a lawsuit,procuratorate firmly seized the public welfare the core,to deal with a number of public interest litigation cases.Has achieved good social effect and legal effect.On June 27,2017,the standing committee of the National People's Congress passed on amending the civil procedure law and the decision of the administrative procedure law,the procuratorial organs filed a public interest litigation in the two procedural law,it marks the procuratorial organs filed a public interest litigation system formally established.The public interest litigation system was first developed from the development of Roman law,which was gradually incorporated into the legal system of western countries.Now,public interest litigation has become an important relief measure to safeguard the national interest and public interests.In China,the procuratorial organ has the historical origin of civil public interest litigation,and the procuratorial organ has the unique advantages that administrative organs and social organizations do not have.While prosecutors have now participate in public interest litigation subject qualification,but the existing legal provisions are not perfect,the lack of concrete law,is not clear how the procuratorial organ involved in the public interest litigation.There is also a lack of necessary litigation procedures.The procuratorial organs have encountered many problems in the process of participating in public interest litigation,which has caused a lot of controversy.Therefore,it is necessary to strengthen the research on the system of civil public interest litigation from the procuratorial organs,whether from perfecting legislation or guiding practice.At the same time,we should draw on the many legislative and practical experience of western developed countries in this field to improve the system of civil public interest litigation brought by our procuratorial organs.This paper analyzes the public interest litigation system in the United States,Britain,Japan,Brazil and other countries.The pilot situation of China's public interest litigation system is also studied.Suggestions and solutions to improve the public interest litigation system of procuratorial organs are put forward.Firstly,the procuratorial organ should follow the principle of public welfare,supplementary and timeliness.Second,the procuratorial organ should deal with the relationship betweenthe active and passive relationship,mediation and judgment,and the relationship between the right to bring public interest litigation and other groups.Third,the public interest litigation before litigation should clarify its content,legal effect,evidence collection and property preservation;Fourth,the procuratorial organ should participate in public interest litigation procedures including jurisdiction,prosecution,mediation,enforcement and counterclaim,which should be further improved in the existing system.At the same time,the auxiliary measures related to public interest litigation should be innovated and perfected at the same time.We should also pay attention to the question of the cohesion between the procedural laws.Only in this way,can the procuratorial organ bring public interest litigation system to be truly operable.