Research On The Construction Of Procuratorial Organs To Participate In Public Interest Litigation System

In June 27,2017,the Standing Committee of the National People's Congress voted to adopt the decision to amend the civil procedure law and the administrative procedure law,and put the procuratorial organ's public interest litigation into the two laws,which indicates that the public interest litigation system formally established by the procuratorial organ.In China,procuratorial organs bring civil and public interest litigation into historical and institutional origin,and procuratorial organs have unique advantages that administrative organs and social organizations do not have.Although the procuratorial organs have to participate in the qualification of public interest litigation,but the provisions of the existing legal provisions are too simple,not how the procuratorial organs involved in public interest litigation,but also the lack of essential design program,this is the procuratorial organs involved in public interest litigation is the most prominent problem.Therefore,it is necessary to strengthen the in-depth study of the civil public interest litigation system of the procuratorial organs,no matter from the angle of perfecting the legislation or guiding the practice.Many legislative and practical experiences of western developed countries in this field are also of reference to the construction of civil public interest litigation system in China's procuratorial organs.This paper analyzes the public interest litigation system in the United States,Britain and France,and studies the construction of public interest litigation system in China,and puts forward solutions.First,in the public interest litigation procuratorial organs should follow the public welfare,complementary,timeliness principle;second,the procuratorial organs involved in public interest litigation should deal well with the relationship between the active and passive,mediation and judgment,and have the right to initiate public interest litigation other organizations;third,public interest litigation before litigation procuratorial suggestions need to be clear the content,legal effect,evidence collection and preservation of property;fourth,the procuratorial organs involved in public interest litigation procedures including jurisdiction,prosecution,mediation,execution should be further improved in the existing system.