The System Of Public Interest Litigation By Procuratorial Authority

Public interest litigation in China, although twists and turns, but the new generation times. In recent years, the people’s procuratorates at various levels in accordance with the constitution gives the legal supervision responsibility, has launched a number of public interest litigation, and to get the support of the people’s courts at all levels, to protect the social public welfare. In 2012 the newly revised "civil procedural law" article 55 first clear the legal status of public interest litigation, is of epoch-making significance. But its provisions only in principle, actionable and poor maneuverability. Supreme law is promulgated after the judicial interpretation of the provisions further clear and perfect, but is mature and perfect public interest litigation system has a certain distance. Throughout the development history of public interest litigation in our country, although is involved in some legal provisions, but did not form perfect system. In contrast, the western developed countries, has been widely established in procuratorial organs as the main body in the plaintiff public interest litigation system., therefore, in this paper, the procuratorial organs filed a public interest litigation related issues for research, from three dimensions of legal theory, law, practice were discussed, and a comprehensive analysis in this paper, the procuratorial organs filed the feasibility and necessity of public interest litigation, and further analyzes the procuratorial organs filed a public interest litigation subject qualification of the problems faced with practical difficulties, again from legal status, principles, system, the scope of accepting cases, program system four aspects, China’s procuratorial organs filed system construction of public interest litigation system put forward their own ideas, in order to improve the system of socialism with Chinese characteristics public interest litigation, all helped.