Several Problems And Their Perfection In Procuratorial Public Interest Litigation In Our Country

Public interest litigation starts lately in our country,the Civil Procedure Law established civil public interest litigation for the first time after modifying in 2012,the fifty-fifth clause prohibits: “the offices and organizations fitted by law can prosecute to court for those behaviors which harm the public interest,such as polluted environment and encroached legal interest of consumers.” The modified Law on Protection of the Rights and Interests of Consumers in 2014 and the modified Environmental Protection Law in 2015 crystallized the fifty-fifth clause of Civil Procedure,they prohibit the relevant social organizations can prosecute.On July 1,2015,the fifteenth meeting of the twelfth NPC Standing Committee decided to vest the Supreme Procuratorate to launch experimental work for public interest litigation in some regions.After the experimental work for more than one year,the twelfth NPC Standing Committee passed the decision to modify the Civil Procedure Law and the Administrative Procedure Law,established civil public interest litigation and administrative public interest litigation.The procuratorial public interest litigation was established officially in our country.Other than foreign countries,the procuratorial public interest litigation in our country is a pioneer in the world.The procuratorial public interest litigation means the procuratorial organs prosecute civil public interest litigation and administrative public interest litigation for the public interest to preserve the public interest and country interest.However,the procuratorial organs are legal supervision organs in our country,because its special status,it will produce many troubles in public interest litigation.Firstly,in the legislation aspect,In view of differences in the subject of prosecution and scope of accepting cases,two procedural laws fit civil public interest litigation and administrative public interest litigation,they constitute the procuratorial public interest litigation in our country.For example,which status should the procuratorial organ be in public interest litigation has been disputed since the experimental work started.Secondly,in the judicature aspect,how to handle litigation coincidence,acquire case clue and litigation connection.Academic members suspect that the procuratorial organs will abuse power in public interest litigation.The procuratorial public interest litigation includes civil public interest litigation and administrative public interest litigation,they are similar in the foundation of institution and practice,but they also have difference,so this thesis will discuss both of them.The article will discuss several typical problems,such as legislation model,cause of action,case thread and damage compensation.I will make a point for these problems.For example,we can consider to make specialized sections in civil public interest litigation and administrative public interest litigation for the legislation model.In the competition and cooperation,when a case accords with the cause of action of civil public interest litigation and administrative public interest litigation,we should establish a institution and mechanism to confirm responsibility,so we can confirm defendant.In the future,with the development of our country's public interest litigation,which role should the prosecutorial organs be acted? We need further study.