Study On The Civil Public Interest Litigation Presented By Procuratorial Organization

At present,China's reform has been in a crucial stage,when the fog and haze,water pollution,food safety issues threaten the public interest frequently.However,with more people involved in,fewer people stand out and protect the environment.On July 1st 2015,the NPC Standing Committee authorized the supreme people's Procuratorate carried out for a period of two years of public interest litigation,which seems to prove the protection of public interests especially against the environmental pollution.The reform has achieved achievements in practice,but there are still many problems to be discussed.Based on the practice and theories,the thesis discusses about the necessity and theoretical foundation,the pilot practice,problems and suggestions that concern about the presentation.The thesis consists of four parts as follows.In the first part,this paper first introduces the necessity of the procuratorial presentation of the public interest litigation from three aspects,which includes the limitation of the relevant organizations and bodies of the plaintiff qualification,the procuratorial functions and the significance.secondly it elaborates the theoretical basis-Civil Public Prosecution of state intervention theory and the theory of procedural parties.This part is the foundation of this thesis,summarizing the necessity and theoretical basis of civil public prosecution presented by the procuratorate.The second part focuses on the present situation of China's civil public prosecution presented by procuratorate.Firstly,it introduces the reasonable presentation from the three aspects of the constitutional,basic legal basis and judicial interpretation.Secondly,according to the judicial practice of procuratorate in civil public interest litigation,it mainly introduces the implementation of the environmental pollution case and the food and drug safety which threatens the legal rights and interests of a number of consumers.Finally,to make an analysis on problems in the procedure,including the unreasonable legal status,the narrowness of the scope,the undefined prosecution condition,the insufficient evidence collecting ability,the vague division of the authority between procuratorial organs and judicial organs.This part mainly discusses the problems reflected from the pilot reform practice during the last one and half year.The third part is to put forward some suggestions on the problems in the second part.Firstly,on the status of the procuratorial organ in civil public interest litigation,there are six different theories in academic circles,which are legal supervision,the plaintiff,double identity,the public representative,the subject of the public interest litigation,the prosecutor,while this thesis agrees on the plantiff.Secondly,this thesis discusses about the prosecutorial conditions from the perspective of the Res judicata standard time.Thirdly,it puts forward the narrowness of the scope,and adds other three types of case: cases to protect social vulnerable groups' interest,major antitrust cases and cases of loss of state assets.Fourth,it provides three suggestions according to the insufficient investigation ability in particular cases,which concludes to increase the staffing of the procuratorial organs,to broaden the source of evidence,to add experts' assistance in investigation.Fifth,although the procuratorial organ is civil litigation party,as a special state organ,there are both similarities differences with judicial authority from the perspectives of the litigation request,investigation and evidence collection.The thesis supports that the court has the legal right to do so from the perspective of the application of general law and special law and the need of the procuratorate itself.Finally,the procuratorial organ presents civil public interest litigation as well as administrative public interest litigation during the pilot reform,so it is necessary to establish a standard of how to choose from the three types.This part is mainly about the imperfections of the reform from nonprocedural aspect.