Research On The Status Of The Plaintiff Of Public Interest Litigants

In recent years,reviews and articles had been on the problem of public interest litigation in the press,the Procuratorate across the country was also in constant exploration practice.Whether the Procuratorate could file a public interest litigation and how to do it,brought in causing a sharp response from the theoretical circle and judicial practice.In the party on the fourth Plenary Session of the 18th CPC Central Committee,explored the establishment of public interest litigation system instituted by the prosecution as an important task of reform for the first time.On July 1,2015,The fifteenth session of the Standing Committee of the twelve National People's Congress made with the"Decision of the Supreme People's Procuratorate on the pilot work of public interest litigation in some areas",impowered the Supreme People's Procuratorate in Beijing,Fujian and other 13 provinces to carry out a two-year pilot of public interest litigation.After that,the Supreme People's Procuratorate also held a press conference in order to release the" pilot program about the Procuratorate file the public interest litigation ".On July 1,2016,according to the decision of the NPC Standing Committee,the Supreme People's Procuratorate issued the"Measures for the implementation of the pilot work of public interest litigation filed by the people's Procuratorate"(for short "Procuratorial enforcement measures" thereinafter),the Supreme People's court also issued the "People's court hear the measures for the implementation of the pilot work of public interest litigation filed by the Procuratorate".The introduction of the "Procuratorial enforcement measures"provided a practical basis for the prosecution of public interest litigation.We should correctly understand and support the prosecution to bring public interest litigation under the framework of law and order.However,there was also existing something inconsistent with the existing laws and regulations about the role orientation of the Procuratorate.It s legal status was better than the plaintiff in civil action.The basic principle of civil procedure law is to protect the legal status of the parties and the equal rights of litigation.So we should follow it strictly.The basic framework of this paper is as follows:The preface part mainly introduces the research background;the first part introduces the concept and characteristics of the prosecution of public interest litigation by the Procuratorate;the second part describes the comparison between the Procuratorate and civil litigation plaintiff;the third part mainly analyzes the legal status of the Procuratorate;the fourth part is system proposal about the Procuratorate's legal status,from legislative perfection,follow the existing legal norms and the design of supporting system,in order to improve the legal system and the sustainable promotion of the prosecution of civil public interest litigation by the Procuratorate.