| The public prosecutor, as a representative of public interests, has become a perfect legal system with filing the public interest civil litigation in other countries, but it's still in the infancy in our country. Under the Legislative blank background, although the public prosecutor has launched a series of activities, and has made some achievements, but there still remain many problems, which will restrain the development and improvement of the public prosecutor filing the Public Interest Civil Litigations.This paper attempts to give an answer for the question that whether the public prosecutor can file the Public Interest Civil Litigation. This Paper is divided into five parts, firstly, tell us what is the public interest and what is the public interest litigation, then Clarify its basic features which different from the traditional civil action. Secondly, compare and analyze the common features for civil law and common law countries, thirdly, indicate the shortage that needs additional improvement in the current legislation practice. Then to find a theoretical possibility, from the proper plaintiff theory, theories of prosecutorial Supervise power, the principle of state intervention and action analyze the feasibility of the public prosecutor filing the Public Interest Litigation. In the last, elaborate what's role the public prosecutor play in the Public Interest Litigation and response doubt that the public prosecutor as public prosecutor interfere the private rights, made the rules that the public prosecutor should follow the principle and scope of the case during the civil actions in order to prevent public power to interfere the private rights. |
