The People's Procuratorate Initiated A Study On Civil Public Interest Litigation

With the rapid development of the economy of China,occasions when people pursue individual interests at the expense of the interests of the county and the public start to emerge and become increasing.Individual whose interests get hazarded will resort to the law automatically because they have born the harm for their own interests.However,when the public interests get hazarded,there usually lack the effective and swift legal protection scheme because of the hysteretic nature and laziness of administrative organ as well as the absence of "The Directed Interested Party" manipulated in civil procedural law,which will then bring about the so-called "Public Crisis".In order to resolve the absence of the subject of public interest litigation,our country,after many years of practice and research,has come up with a scheme to entitle the people's procuratorate with qualification to institute civil public interest litigation.This scheme represents a big step for the development of civil public interest litigation scheme of our country as such scheme could be used to handle behaviors which cause damage on the interests of the country,the public or any third parties so that "Public Tragedy" could be avoided.Hence,conducting research on procuratorate civil public interest litigation scheme is beneficial to the protection of public interest against violation,the improvement of public interest litigation scheme of our country,the development of the society as well as the protection of public right.This discussion of article on the procuratorate civil public interest litigation scheme mainly includes the following five sections.The first section is the introduction of public interest litigation and civil public interest litigation.The second section is the introduction and analysis of theoretical dispute of the procuratorate civil public interest litigation scheme in our country.The theoretical and applicatory basis of the aforesaid scheme are also contained in this section.The third and the fourth section introduce the legislative change and exploration process of the scheme.The lase section analyzes the result and existing problems of the pilot work of the procuratorate civil public interest litigation scheme in our country and accordingly comes up with some suggestion.Accordingly,the participation of the people's procuratorate as the subject of civil public interest litigation is necessary for the development of public interest litigation.The pilot work has made huge progress in practice,but the legal recognition in civil procedural law and more detailed planning on this scheme is still needed in the near future.