Research On The Public Interest Litigation System Of The Procuratorial Organ

With the rapid development of China's economy and society,the protection of public interests by more and more people and the community's attention and concern,public interest litigation has become a hot topic,procedural law theory and judicial practice in recent years,in recent years,through continuous efforts to the national legislature,the prosecution of public interest litigation has been established in the legislative level.This marks the public interest litigation system in our country is becoming more and more perfect and standardized,thus embarked on a fast track,and actively promote the role in promoting the construction of rule of law in China to.However,when we clap,also found in many problems of public interest litigation practice in the pilot work of the procuratorial organs,must cause our deep thinking:first,the existing provisions of the public interest litigation scope is too narrow,in today's public interests more and more attention and protection,social and public interests and national interests,"public welfare" case scope is too narrow,is obviously not conducive to its special protection;secondly,the procuratorial organ litigation subject status is not clear enough,power and duty regulations and supervision rights and litigation rights conflicts and other litigation participants lack,cause difficulties and drawbacks in practice;thirdly,the laws and regulations of public interest litigation is not perfect,the limitation of action,the deadline for handling,the burden of proof provisions is not perfect,is not conducive to the public Action to promote and implement;finally,although the national level has made it clear the prosecution of public interest litigation subject qualification,but the personnel handling the procuratorial work of thinking,theoretical level,ability to adapt to the public interest litigation work also requires the presence of certain gaps and deficiencies,how to practice the correct practice in handling and better implementation of public interest litigation,is worth us further the in-depth analysis and research.This paper first introduces the main research background,research significance,research methods and research of public interest litigation,and then analyzes the necessity of the procuratorial organs filed public interest litigation,public interest litigation in our country aiming at the existing problems and shortcomings,through the comprehensive comparison of foreign public interest litigation representative of the procuratorial organs,and finally put forward countermeasures and suggestions of improving and perfecting the procuratorate public interest litigation system.