Perfection On The Civil Public Interest Litigation System Initiated By The Procuratorial Organ In China

With the rapid development of society,many social events have happened,such as environmental pollution,food and drug safety incidents,public interest litigation has been civil procedure law is proposed.The implementation of public interest litigation,but very little time.Therefore,problems emerge in an endless stream through the study of public interest litigation and foreign mature laws and regulations put forward for civil public prosecution measures.The article is divided into four parts.The first part is about the definition and function of the procuratorial organ to initiate the civil public interest lawsuit.By defining the position of procuratorial organs and the concept and characteristics of public interest litigation,the content of public interest litigation initiated by procuratorial organs is determined.It is conducive to the protection of the public interest and national interest of our country,and can provide a perfect path for the implementation of the public interest litigation system in our country.The second part deals with some provisions on the extraterritorial aspects of the United Kingdom and the United States,respectively.The relevant provisions of Germany and Japan are used for the construction of China's system,such as expanding the scope of cases,extending the scope of cases from the original three types of cases,and refining the scope of cases.The third part is an analysis of the current situation of China's public interest litigation system.During the pilot period,the number of cases in 13 pilot areas has increased substantially.Since the completion of the pilot project,there have also been many problems,such as the scope of cases is not detailed enough and the types of cases are on the low side.The burden of proof of the procuratorial organ is not clear enough,and the connotation of the procuratorial organ's power of investigation and verification is not perfect,and the procuratorial organ initiates the mediation of the public interest lawsuit.There is no clear definition of the settlement system and the burden of litigation costs and other expenses.Part forth puts forward some suggestions for the improvement of the problems in the third part,which are the expansion of the scope of the case.Measures for the distribution of the burden of proof and the limits of conciliation and settlement of the case and the costs of the proceedings.In short,our country is in the period of the construction of the rule of law,through investigating the status quo of public interest litigation and put forward improvement measures in order to make a contribution the construction of legal system of our country.