Research On Procuratorial Organ Institing Civil Public Interest Litigation

Public interest litigation, which exists in the development of the Western countries, has become a generally global phenomenon. It can also be found in the social reality of China. With the development of economy and social improvement, there arises an increasing number of public interest litigations. However, quite a lot of cases cannot be clearly solved. The actual cause is because there does not exist a confirmed legal system for public interest litigation, which cannot connect the social needs with the legal system.A consensus—the public interest litigation needs to be constituted to protect the public interest—has been reached in China. But, there are also some problems: how to constitute, especially who starts the legal proceeding? For those problems, there is no uniform answer. For example, there is a contentious issue—whether the procuratorial organ can act as the representative and gatekeepers to start the legal proceeding against the bad things which damage social public interest—for both theory circle and judicial branch, for they have different ideas. But the decisive issue that who acts as plaintiff, and who starts the legal proceeding must be set to constitute the legal system for public interest litigation.Based on the above concepts, this thesis makes some investigation on the background and the reality of the public interest litigation. Then, this thesis also demonstrates the necessity and feasibility of granting the right of starting legal proceedings. Last, this thesis gives the ideas on constituting the legal system of public interest litigation, and exposes how the procuratorial organ starts the legal proceeding, from multi-angles,—"what it is","why it is","depending on what","how to do". Finally, a conclusion is made: the procuratorial organ is the inborn gatekeeper for the public interest. It has capacity, also needs to start the relative legal proceeding. So, it suggest that country's top legislature should pass through written law, not through explanation to rebuild the system of starting the legal proceeding. And, give the procuratorial organ the right to start the legal proceeding for the public interest. Thus, the legal proceeding for the public interest has the law to obey. This thesis also makes clear the idea on the principles, the range, the process, on which the legal proceeding must be based. A system can play its role only equipped with feasibility. What's more, we should broaden our researching horizon, depth and range, and put forward relative schemes which are useful both in theory and in practice. We should fully lay a solid foundation to protect the national public and the social public interest.