In The Context Of Comprehensively Administering The Country According To Law, The Procuratorial Organs Filed A Civil Public Interest Litigation Investigation

Starting from upholding and developing a system of socialist rule of law with Chinese characteristics,and based on the scientific guidance of Marxist outlook of world and methodology,comprehensive implementation of the rule of law is an innovative and important strategic deployment put forward by the CPC Central Committee with Comrade Xi Jinping as the core,which is summarized from the height of legalization of governance after combining the universal law of the development of rule of law and the rich practice of building the rule of law in China.It is not only the latest theoretical results of socialism with Chinese characteristics,but also the latest achievement in the process of Sinification of Marxism.At present,under the comprehensive implementation of the rule of laws,the heated discussion on the hot topic of the rule of law has resulted in many research achievements.Based on the basic principles of Maxims,the fourth session of the 18 th CPC central committee has clearly presented an important decision of public interest litigation system,which is a right choice suitable to China's national situation,followed by a number of related policy documents.the civil public prosecution initiated by procuratorial organs has become a hot topic in China's judicial practice and academia,leaving more explorative room and basis for aspects like the procuratorial organs' legal status in the Public Prosecution case and the lawsuit procedure and so on.It is both theoretical innovation and guidance and standard on practical innovation,signifying in the development of our country's public interest letigation.Accordingly,the procuratorial organ's function in the judicial activity becomes more and more obvious.As the supervisory organ of our country's judicial system,the procuratorial organ,as the subject of the Prosecutor,brings civil public interest lawsuit is the necessary requirement for its supervision function,which can further standardize civil public interest litigation,avoid the possible confusion in judicial practice,optimize judicial power allocation,enlarge the influence of lawsuit results,to promote the construction of law-ruled government,and innovate the construction of a scientific system of legal theory suitable for judicial practice.Under the benign development of the legal environment,the profound inquiry into the important theory of the overall rule of law has stated from many aspects that the latest achievements of Marxism in China can guide the law practice conducted in order,at the same time,under the background of comprehensively implementing the rule of law,the necessity and feasibility of Procuratorial Organ instituting civil public interest lawsuit is analyzed comprehensively.By studying the status of civil prosecution in the present stage,combining relevant legislation and judicial practice,this paper sums up the obstruction factors of itsparticipation in civil prosecution and put forward correspondingly the perfecting path,which formulates the basic principle of prosecution according to the experimental result,clarifies the subject qualification of the procuratorial organ,accurately graspes the scope of the subject,explores the related program design and so on.It is expected that this research can reasonably standardize the public prosecution system,provide the theoretical guidance for the procuratorial organ to exercise the power of instituting civil public prosecution to ensure its practical operation convenient and feasible.This is not only the urgent need of safeguarding the public interest and strengthening the construction of the system of ruling of law,emboding the justice value and order value of the law,but also perfects and promotes the sinicization of Marxism.