The Legal Mechanism Researching Of The Procuratorial Organs Filed A Public Interest Litigation System In China

In China,public interest litigation has not been studied in-depth by scholars until recent years and it only exists in academic research.Civil litigation with the public nature is just the case form,among which prosecuted by the procuratorate as the plaintiff is even little and legislation is blank.Since procuratorates conducting public interest litigation has become the national tradition,the necessity and importance of constructing the public interest litigation system of the procuratorial organs in our country is highlighted.Combining theory and practice,as well as referring to the civil procedure law,administrative law theory and the characteristics of the procuratorate public interest litigation,the author conducts an in-depth analysis on the procuratorate public interest litigation in China,and put forward the construction of China's procuratorial organs filed public interest litigation system.With the current practice of China's prosecution of public interest litigation,the introduction of this article leads out the study direction and highlights the purpose and significance of this study.The first part mainly discusses the related theory of procuratorate public interest litigation in China,including the connotation,legislative authority,classification,characteristics,value and legal orientation.The second part analyzes the achievement as well as procedural problems of procuratorate public interest litigation through the judicial practice current situation of Chinese procuratorial organs filed public interest litigation,and combined with the present cases in Guangdong.The third part is to discuss the judicial practice characteristics of foreign institutions concerning public interest litigation,and summarize the enlightenment of the judicial procedure of the public interest litigation brought by the procuratorial organs in China.The fourth part is the focus of this paper,focusing on the study of China's procuratorial organs filed public interest litigation judicial procedure construction.Referring to foreign experience from the public interest litigation,the author discusses the improvement of the suitors' qualifications,the scope of prosecution,jurisdiction,evidence obtaining power,jurisdiction of prosecution,burdens of proof and legal consequences in procuratorate public interest litigation.The purpose of this article is to explore a public interest litigation system of procuratorial organs that is in line with China's national conditions.