A Study On The System Of Civil Public Interest Litigation Brought By The Procuratorial Organs

Since the 90s of last century,Chinese social structure has changed dramatically,gradually changed to the social transition period,a variety of social problems highlighted,the root of the problem is the social public interests and personal interests collided.The public gradually realized that social welfare has certain constraints on the private welfare of citizens,and the essence of social welfare is to protect personal private interests.Therefore,public interest litigation has gradually attracted the attention of the public.With the rapid development of social economy,there have been a series of illegal acts such as environmental pollution,damage to the legitimate rights and interests of many consumers and other serious damage to the public interest,in addition to strengthening administrative supervision for such acts,litigation can also maintain public interest.The Public interest litigation is conducive to make up for the loopholes in state administration,it is an effective way to monitor,also,it's conducive to the protection of the law to be implemented,which is an effective preventive measures.Public interest litigation has gradually become a hot issue in Chinese judicial practice and academic circles.Judicial departments at all levels,especially procuratorial organs,have carried out extensive and in-depth research and discussions in this field.However,the definition of public interest in China is different,which leads to the definition of public interest litigation not clear enough,the scope of civil public interest litigation cases in different legal provisions also appeared inconsistent situation,some provisions of the scope restrict on the situation.At the same time,for what organizations and institutions can bring civil public interest litigation law is not clearly listed in law,which will inevitably leads to damage in the public interest,the relief can not be carried out in a timely manner.In addition,the procuratorial organs to bring the civil public interest litigation and criminal incidental civil litigation function is overlap,which may leads to the waste of judicial resources.How to make the two systems to achieve seamless docking is also the problem to be elaborated in this article.In addition to the introduction and conclusion,the full text is divided into five parts.The first part is an overview of civil public interest litigation.First of all,the concept and characteristics of civil public interest litigation are briefly discussed,and then the history of the civil public interest litigation filed by the procuratorial organ will be discussed,so as to understand the civil public interest litigation system.The second part is the basis of civil public interest litigation filed by our procuratorial organs.This chapter starts from three aspects:theoretical basis,legal basis and realistic demand.First,the procuratorial power and the right of action are the theoretical basis;followed by the Constitution,the Civil Procedure Law,the People's Procuratorate Organization Law and other legal provisions are the legal basis;the last would from the rule of law needs,national and social public interests,the prosecution's statutory functions,the development of judicial practice must demonstrate the four aspects of realistic needs.The third part is the legal status situation of civil public interest litigation filed by Chinese procuratorial organs.This chapter firstly analyzes the statue of China's procuratorial organs on the civil public interest litigation,especially making data summary analysis which is during the pilot period the local procuratorial organs on the civil public interest litigation.Then start with several typical case to indicate that the prosecution on the civil public interest litigation system has made some achievements.In addition,according to the deal way of different cases,think about the model and problem of the prosecution on the civil public interest litigation.Then,the public interest with not clear,the scope of the case of public interest litigation with conflicting,the lack of legal basis,the procedural disorder,from these four aspects the existing problems are interpreted,as basis of discussions below how to improve China's procuratorial organs to bring the civil public interest litigation system.The fourth part is the prosecution of the civil service litigation.Mainly using United Kingdom,the United States in the Anglo-American law system,and France,Germany in the Civil Law system as the representative of the country's civil public interest litigation system to fully affirmed the advanced experience of the two countries,thus draw conclusions on establishing civil public interest litigation system should learn in China.The fifth part is the improvement of civil public interest litigation system brought by our procuratorial organs.Carried out a bold system design in view of the proposed prosecution of our civil service litigation problems on the third part,arguing how to improving it combined with our current legislation.This paper is on the basis of Decision of the Standing Committee of the National People 's Congress on Authorizing the Supreme People' s Procuratorate to Carry out Pilot Projects in Public Interest Litigation in Certain Areas passed on 1 July 2015,Work Implementation Approachof People's Procuratorate to Bring Public Interest Litigation Pilot issued by the Supreme People's Procuratorate on January 6,2016,Work Implementation Approach of People's Court on Hearing the People's Procuratorate to Bring Public Interest Litigation Case Pilot issued by the Supreme People's Court on February 25,2016 and new additions of Article 56(2)of the Civil Procedure Law in July 1,2017.Under the premise prospect of civil public interest litigation in the current procuratorial organs,this paper analyzes the case of civil public interest litigation in the pilot area in the past two years,so as to extract the feasible design of the system.The researches before were on the imperfect legislation,and the construction of the system is uncompleted,the study of the subject can only be the possibility of prediction,the improvement of the system proposed in this paper has a lot of practical data and practical case support,in line with Chinese civil public interest litigation system development.I hope that through my own theoretical and practical aspects of exploration to improve the socialism system with Chinese characteristics contribute modest.