The Problems And Improvements Of The Public Interest Litigation System Caused By The Procuratorial Organs

With the continuous deepening of our country's comprehensive well-off society,it is possible for people to pursue high quality of life,such as people have unprecedentedly confused on fresh air,healthy food,water and a good living environment.In recent years,major environmental pollution problems,major food and drug safety accidents have aroused the strong demand of public protection of their own rights and interests;and public interest litigation as a viable law-based solution has gradually entered the public eye.The voice that the community calls for the establishment of public interest litigation system is getting higher and higher.In response to the concern of the masses,it has been proposed at the Fourth Plenary Session of the Eighteenth Central Committee to explore the establishment of a public interest litigation system.In July 2015,the Standing Committee of the National People's Congress authorized the Supreme People's Procuratorate to carry out a two-year public interest litigation job in 13 pilot areas,to open a new chapter in public interest litigation.December 2015,The Supreme People's Procuratorate has approved the 'Measures for the Implementation of the Pilot Work of Public Interest Litigation'(hereinafter referred to as the 'implementation measures')which serves as the important guiding documents for the public prosecution to carry out public interest litigation and stipulates the basic procedures and operation.Two years after that,the prosecutions in pilot areas have accumulated a lot of practical experience.In June 2017,the Standing Committee of the National People's Congress made a decision to amend the Civil Procedure Law of PRC and the Administrative Procedure Law of PRC,in which the public interest litigation system has been established.The system formally gives the procuratorial organs the right to initiate public interest litigation.As the Civil Procedure Law of PRC and the Administrative Procedure Law of PRC only to give procuratorial organs the right to initiate public interest litigation,no specific procedures were further provided.The 'implementation measures' has become the important guidance document for public interest litigation raised by prosecution at this stage.This article will deeply analyze the good guiding functions and shortcomings of'implementation measures' for public interest litigation.On the basis of a large number of documents,with the analysis of the specific implementation and system establishment of public interest litigation in United Kingdom,the United States,Germany and France,the difficulties existing in practice would be concluded with analyzing reasons and some recommendation to perfect public interest litigation would be offered according to the pilot areas' public interest litigation situations.This paper consists of four parts.The first part includes the concept of public interest litigation,characteristics and brief description on its current research status,trying to make the definition on public interest litigation in line with of China's national conditions,and make a deep analysis on the features of public interest litigation;It recalls the history of public interests litigation in China's procuratorial organs,educes the background,significance and value of 'implementation measures' and states breakthroughs in the design of the system.Its positive effects on legal practices in guiding the prosecution.The second part analyzes the dilemma faced by the procuratorial organs in pilot work of public interest litigation.Before the revision of Civil Procedure Law of PRC and the Administrative Procedure Law of PRC,the prosecution has not been instructed clearly to raise the public interest litigation as the legal authorization is not clear,which causes the procuratorial organs to sue the litigation without law to comply.However,after the amendment of Civil Procedure Law of PRC and the Administrative Procedure Law of PRC,the main problem exists in procedural aspects.After the introduction of the 'implementation measures',the prosecutors face the real dilemma and analyze the reasons in the pilot areas,including the lack of litigation cases sources,the difficulties in initiating proceedings,cost of the prosecution investigation and collection,internal coordination and circulation operations problems.The third part focuses on the practice and research status of foreign procuratorial organs in public interest litigation.It studies the comparative complete public interest litigation in developed countries such as Britain,the United States,Germany and France.It compares the relevant legal systems.Although the differences exist in state nature and law culture between these countries and China,it is still possible to take the essence of the concept,thoughts and method of protecting public interests.It states the purposes that China's current public interest litigation pilot areas are going to achieve and the problem needed to pay attention to.The fourth part tries to build relatively perfect system of public interest litigation based on the problems,difficulties raised in the previous section and pilot areas' experience and puts forward suggestions to improve two aspects,namely entity and the procedure,including how to expand the case sources,how to clarify the jurisdiction of the cases,how to improve the proceeding procedures,with expectations to do my best to promote public interest litigation legislative process at the end of the pilot work.