Study Of The Civil Public Interest Litigation By The Procuratorial Organ

The procuratorial organs as the “spokesperson” of public interests of the society,civil public interest litigation case within the specific scope has written into most of thecountries’ legal system. In our country, it already appears no time to delay to endow theprocuratorial organs with litigation rights of civil public interest to safeguard the socialand public interests with the procedure as the carrier.The article has four chapters. The first chapter is about qualitative analysis of basicconcept which civil public interest litigation involved. The second chapter analyses thecurrent situation in china through studying the ancient Chinese literature search systemand my opinion, to expound the reality feasibility and reality urgency of procuratorialorgans which take civil public interest litigation. At the same time, comb andsummarizes the point of view and the reasons of whether our country the procuratorialorgans can take civil public interest litigation or not in Chinese academic circles,showing the current research and the contention. Whether for procuratorial organs shallhave the right to file civil public interest litigation, the author holds the positive attitude,thinking about that our country should endow procuratorial organs with the rights tobring civil public interest litigation and clearly define that the procuratorial organs oughtto file civil public interest litigation to the violation of civil illegal activities whichencroaches on public interests. The third chapter is the core part, also the key ofinnovation,respectively discusses the validity,rationality and necessity of theprocuratorial organs taking the civil public interest litigation from the political,economic and institutional aspects is, to provide the theory basis for procuratorialorgans should be endowed the civil public interest litigation rights in legislating. First ofall, from political angle that protection of public interest is the meanings of the statefunction, in combination with the constitution and relevant laws, this article expoundsthe legitimacy on bringing the civil public interest litigation rights to procuratorialorgans under the legislation. Secondly, according to economic analysis legal theory asthe analysis tool to demonstrate the procuratorial organs can more effectively useexisting judicial resources to protect public interest and to achieve “benefit”, comparesother three main bodies. Finally, based on the theory of legal holes to expound thecurrent civilian law not expressly provide procuratorial organs shall have the right tofile civil public interest litigation on civil illegal behaviors which encroach on publicinterests is the concrete manifestation of law loophole on the protection of the publicinterest. In the current, the conditions to build the relatively independent and complete<<The Civil Public Procedure Law>>is not mature, so bringing the civil litigation rightsto procuratorial organs can be as the method to fill the civilian legal loophole not onlyhas both legal theory and people expect supports, but can improve the existinglegislation of convenience and relative stability, what practical and feasible. The fourthchapter takes the preliminary design of the system and the conception of procuratorial organs to take civil public interest litigation on the basis of the comprehensivetheoretical and practical needs.