The Research Of The Procuratorial Organs Filed Civil Public Welfare Lawsuit

At present our country although the great economic development, people for the environment public interest such as the importance of more and more is also high, the harsh reality is, however, the state interests and public interests is still great. New revision of the provisions of article 55 of the civil procedure law of the People’s Republic of China: the environmental pollution, infringes upon the lawful rights and interests of consumers and other harm social public interests, the law of the authorities and relevant organizations may bring a suit before a people’s court. To close scrutiny of this law, the law of the authorities and relevant organizations which organs and tissue is on earth? Did not make that clear, so the fuzzy regulation, in real life get is whether A unit, B group does not care about, the victims are countries, the victims are the general public. For making and fully maintain national interests and public interests, establishing perfect and comprehensive legal system is crucial, and determine which organs or organizations of state and public interests of civil behavior is especially important to hit, the author thinks that the procuratorial organs can when the task.Although the procuratorial organs in the face of national and social public interests is damaged, the civil public interest litigation has done a lot of exploration, and achieved some results, but the theoretical circle of procuratorial organ involvement in civil public interest litigation still has many questions. Some people think that the procuratorial organs filed civil public interest litigation is not in conformity with the traditional litigation theory, there are concerns that the procuratorial organs filed civil public interest litigation of a lawsuit, affect the disciplinary right of the parties, and so on. In fact, based on the research of the prosecutorial power we can conclude that the procuratorial organs prosecution is a kind of legal supervision, civil public interest litigation is not contrary to the nature of prosecutorial power, but an extension of the connotation of the legal supervision. And with the development of the theory of litigation, the traditional theory of client eligibility now already can not adapt to demand for protection of public interests, the parties to a program theory arises at the historic moment, which also provides the procuratorial organs filed civil public interest litigation litigation theory basis. Procuratorial organs as the main civil public interest litigation, therefore, not only has profound legal theory support, and a group of litigation law experienced people, compared with other subjects, the procuratorial organs filed civil public interest litigation has irreplaceable advantages, can effectively combat offenders arrogance, so as to maintain the interests of the state and society.