China's Procuratorial Organs Have Initiated Research On Civil Public Interest Litigation Systems

With the rapid development of China's economy and the gradual deepening of reform and opening up since 1980s, a series of social problems have become increasingly prominent, in which the social public interest is violated.In order to maintain the social public interest, public interest litigation system was gradually introduced.Along with this, the study of the subject of public interest litigation can be described as enthusiastic.As the defender of the national and social public interests, the procuratorial organ is the focus of the theoretical and practical circles.The new civil procedure law established the status of public interest litigation in 2012.The pilot decided by the NPC Standing Committee in July 2015 and the highest point test programs were introduced the civil public prosecution have a real possibility.But there is no denying that the relevant laws and documents are still too principled and lack of practical guidance.Based on the survey and analysis of China's past cases and debate in theory as the starting point, the pilot practice in the prosecution of civil litigation is an important content of analysis,find out the existing problems in the pilot, through on the controversial issue of the clarified one by one,a clear conclusion, to provide theoretical support for legislation and judicial practice.This paper consists of five chapters, with the amendment of civil procedure for the time axis.The first chapter is the overview of the prosecution of civil litigation, the basic theory of related concepts are summarized; The second chapter is to explore the amendment of civil procedure for public interest litigation before the prosecution. The chapter is to analyze the highest organ of the public interest litigation method of attitude, followed by local authorities to explore the experience of finishing method,summarized as typical of the corresponding model and find related problems; The third chapter is the research on the amendment of civil procedure system of academia, summary analysis and put forward my own views;The fourth chapter is the implementation of the new civil procedure law and the people's Congress authorized the provisions of the pilot practice after the introduction of the procuratorial organs of the civil public interest litigation and exploration.In this chapter, through the collection and classification of the case after the pilot and the analysis of the pilot situation, we found the existing problems of the pilot; The fifth chapter is about the specific system of civil public interest litigation filed by the procuratorial organs in our country.Starting from the legal status of the procuratorial organs, the basic principle and the scope of the case, the construction of the procedure and specific legislative proposals in four aspects, hoping to build up a Chinese situation and the prosecution of practical feasibility filed a civil public interest litigation system.