The Research On Legal Status Of Procuratorate In The Civil Public Interest Litigation

Civil public interest litigation system has not been completely established in China.The People's Procuratorates are practicing taking public interest litigations.Due to the higher status and wider function of our procuratorates compared with prosecutors of other countries,the question of legal status of our procuratorates in civil public interest litigation has been discussed in both theory and practice field.The author attends to analyze the different ideas in domestic legal practice and extraterritorial experiences and then confirms legal status of our procuratorates in civil public interest litigation.The thesis consists of three parts: introduction,text and conclusion,and the text part contains three aspects: The first aspect is about a breifintroduction of civil public interest litigation,the functions of our procuratorates and the different understandings of the procuratorate and the court about legal status.The second aspect is the investigation of extraterritorial experiences,including experiences in Germany,France,Britain,America,former Soviet Union and Russia.The third aspect is the analysis of five different arguments and the author's opinion.