Study On The System Of Civil Public Interest Litigation Initated By Procuratorial Organs

Once the public interest is damaged,we need to make a great effort to protect and recover its original due to damage of the public interest with characteristics of concealment,long-term,complexity and so on.It takes lots of resources of human,material and finance to satisfy the normal needs of living and production for individuals and enterprises.The people's procuratorates play a vital role in commonweal litigation as Chinese national organs for supervision.Civil procuratorial power of procuratorial organs show its function of supervision by the means of social governance.However,Chinese public-spirited litigation system is immature because the system has just been confirmed by legislation.There are many problems in practice to solve.In the paper,we can see contrastive summary from different countries between common law system and civil law system in public-spirited litigation system and procuratorial organs' role,using comparative method and literature analytic method.Then the writer summaries current problems and offers proposals about Chinese public-spirited litigation system by empirical study and literature analysis.Firstly,it is suggested to broaden approaches of investigating and collecting evidence,enhance procuratorial organizations' rigidity in terms of difficulties in obtaining evidence.Secondly,concerning issue of high cost litigation,on the one hand,it is advised to pass on cost by social burden,promote application in fund,strengthen international cooperation.On the other hand,what it advises procuratorial organizations to do is improve efficiency of handingcases,make full use of the compromise system.Thirdly,it is time to take the advice of lowering measurement of public interest damage.Specifically,it's a good idea to reduce requirement of prosecution — inserting "risk of damage" into conditions for prosecution.Finally,in view of the imperfect in civil public-spirited litigation system,some suggestions are put forward such as extending protection scope of civil public-spirited litigation,specifying the condition of use and rules of claim for damage.