Procuratorial Organs Of The Civil Public Prosecutions

With the development of economy and society and complication of social relationship, many cases of national interest, social public interest, and most people's interests illegally aggrieved occur more often. But there is lack of institutional ensurence for involving in aggrieved public interest in present litigant system executing in our country, which makes the cases not enter judicial proceeding when tortfeasors benefit from public interest, and it has been a difficult problem to protect the public interest. So, it is imperative to constitute public interest litigation system. It is the best choice to found public interest litigation action with procuraforial organ as the main body from the present practice in our country. The related concepts have been reviewed, and concepts such as public interest, public interest litigation, civil public interest litigation, and administrate public interest litigation have been analyzed and studied in this thesis, and the characteristic of public interest litigation has been concluded after public interest litigation models of continental law system and Anglo-American were compared and analyzed. The procuratorial organ of continental law system with France and Germany as representative participates in judicial action during legislative and judicial practice. The public interest litigation model in Britain and American is how the procuratorial organ uses its power to go behind law responsibility and economically reparative liability for illegal activities harmful to public interest. Up to now, the procuratorial organ in our country participates in civil public interest litigation through law supervision by means of civil counter-charging, only afterwards. In practical judicial action, the procurational organ institutes civil public interest litigation to protect public interest, which promotes study on system of civil public interest litigation in our country to realize the limitation both present legal framework and legislation. System of civil public interest litigation is beneficial to protect most, collective and national interest. According to ensurence system, judicial remedy is applied to strike illegal activities of aggrieving public, collective and national interest. The feasibility and rationality of the procuratorial organ participating in civil public interest litigation have been analyzed, and the model, case range, case resource, litigant proceeding, litigation expense of the procuratorial organ participating in civil public interest litigation have been extensively analyzed and studied. It is concluded that public litigation model with the procuratorial organ as plaintiff for consummating legislation in our country is the most economical, practical and effective public interest litigation model in our country nowadays.